reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-604 - Discrimination Against Employee

(a)    (1)    An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage.
(2)    This title does not prevent an employer from using medical information that:
(i)    has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or
(ii)    differs substantially from medical information that the employee falsely provides in an application for employment.
(b)    An employer or other person may not discharge or otherwise discriminate against an employee because the employee:
(1)    files a complaint under or related to this title;
(2)    brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought;
(3)    has testified or will testify in an action under this title or a proceeding under or related to this title;
(4)    exercises, for the employee or another, a right under this title; or
(5)    is an essential worker who files a complaint or exercises a right under § 3–1604 of this article.
(c)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee.
(ii)    The Commissioner shall accept as timely an oral complaint made by the employee under the circumstances described in subparagraph (i) of this paragraph, provided the employee submits a written complaint within 7 business days of the oral complaint and that includes the signature of the employee.
(2)    An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.
(d)    (1)    On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate.
(2)    If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for:
(i)    the county in which the alleged violation occurred;
(ii)    the county in which the employer has its principal office; or
(iii)    Baltimore City.
(3)    Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-605 - Ridesharing

(a)    Each employer is encouraged to provide information and incentives that promote ridesharing arrangements.
(b)    (1)    Unless an employer owns or contracts for a vehicle that is used in a ridesharing arrangement, the employer is not liable for an injury to a rider or another that results from use of the vehicle.
(2)    An employer is not liable for an injury to a rider or another only because the employer provides information or incentives or otherwise encourages an employee to participate in a ridesharing arrangement, as defined in § 11-150.1 of the Transportation Article.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-606 - Sanitary Sewer Lines

(a)    Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type fitting, capped at the horizontal end, with a vertical pipe capped within 4 feet of the surface.
(b)    Each sewer house connection shall be designed to optimize safety, economy, functional efficiency, and operational maintenance.
(c)    Vertical pipes to be used for house connections or cleanout pipes shall be a minimum of 4 inches in diameter.
(d)    The requirements of this section apply in each county and subdivision in the State for any new installation or major modification occurring on or after January 1, 1992.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 6 - Miscellaneous Provisions › Section 5-608 - Smoking Prohibited

(a)    Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment.
(b)    (1)    The Department shall adopt regulations that prohibit environmental tobacco smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.
(2)    Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:
(i)    for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee;
(ii)    for a second violation, is subject to a civil penalty of $100; and
(iii)    for each subsequent violation, is subject to a civil penalty not less than $250.
(c)    The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:
(1)    the seriousness of the violation; and
(2)    any demonstrated good faith measures to comply with the provisions of this subtitle.
(d)    A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.
(e)    An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.
(f)    (1)    An employee may not:
(i)    make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
(ii)    in bad faith, bring an action under this subtitle; or
(iii)    in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(2)    The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 7 - Records and Reports › Section 5-701 - Toxic Materials and Harmful Agents

(a)    The Commissioner may require, by regulation, that an employer:
(1)    measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and
(2)    keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor.
(b)    An employer shall give an employee or representative of an employee an opportunity to observe each measurement or monitoring under this section.
(c)    If an employee is exposed to a potentially toxic material or harmful physical agent in a concentration or level that exceeds the level allowed under an applicable occupational safety and health standard, the employer of the employee:
(1)    promptly shall give the employee notice; and
(2)    shall inform the employee of each corrective action being taken.
(d)    (1)    Each employee or former employee shall have access to each record that indicates exposure of the employee or former employee to a toxic material or harmful agent.
(2)    Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 7 - Records and Reports › Section 5-702 - Record and Report of Accidents

(a)    The Commissioner may require, by regulation, that an employer keep:
(1)    an accurate record of:
(i)    each work–related death;
(ii)    each work–related illness; and
(iii)    each work–related injury other than a minor injury that requires only first aid treatment and does not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job; and
(2)    each other record about an activity of the employer under this title that the Commissioner considers appropriate or necessary to develop information about the causes and prevention of occupational accidents, illnesses, and injuries.
(b)    Each employer shall make available to the Commissioner each record that the employer is required to keep under subsection (a)(2) of this section.
(c)    An employer shall report orally to the Commissioner an employment accident within 8 hours after it occurs if the accident results in:
(1)    the death of an employee; or
(2)    hospitalization of at least three employees.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 7 - Records and Reports › Section 5-703 - Records for Enforcement

(a)    The Commissioner may require, by regulation, that an employer keep each record about an activity of the employer that relates to this title as the Commissioner considers appropriate or necessary to enforce this title.
(b)    Each employer shall make available to the Commissioner each record that the employer is required to keep under this section.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part II - Prohibited Acts; Criminal Penalties › Section 5-804 - False Representations and Statements

(a)    A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed or required to be kept under this title.
(b)    A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part II - Prohibited Acts; Criminal Penalties › Section 5-805 - Advance Notice of Inspections

(a)    Unless the Commissioner or an authorized representative of the Commissioner gives written approval, a person may not give advance notice of an inspection to be made under this title.
(b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part II - Prohibited Acts; Criminal Penalties › Section 5-806 - Willful Violation Causing Death

If an employer willfully violates any provision of this title, an order passed under this title, or a regulation adopted to carry out this title and the violation caused death to an employee, on conviction the employer is subject to:
(1)    for a first offense, a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both; or
(2)    for a subsequent offense, a fine not exceeding $20,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part III - Civil Penalties › Section 5-809 - Assessment of Penalty

(a)    (1)    For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation.
(2)    The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.
(b)    The Commissioner shall assess a civil penalty against an employer who violates a requirement for posting imposed under this title.
(c)    The Commissioner may assess a civil penalty against an employer who:
(1)    willfully or repeatedly violates this title, an order passed under this title, or a regulation adopted to carry out this title; or
(2)    receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title and there is a specific determination that the violation is not of a serious nature.
(d)    The Commissioner may assess a civil penalty against an employer who does not correct a violation for which a citation is issued within the period set under this title for correction.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part III - Civil Penalties › Section 5-810 - Amount of Civil Penalty

(a)    (1)    Except as provided in paragraph (2) of this subsection, a civil penalty under § 5-809 of this subtitle may not exceed:
(i)    $7,000 for each violation; and
(ii)    if an employer does not correct a violation within the period allowed for correction, $7,000 for each day that the violation continues.
(2)    A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed $70,000 for each violation.
(3)    A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than $5,000.
(b)    Before the Commissioner assesses a civil penalty under § 5-809 of this subtitle, the Commissioner shall consider the appropriateness of the penalty in relation to:
(1)    the size of the business of the employer against whom the penalty is to be assessed;
(2)    the gravity of the violation for which the penalty is to be assessed;
(3)    the good faith of the employer;
(4)    the history of violations by the employer;
(5)    the injury and illness experience of the employer;
(6)    the existence and quality of a safety and training program;
(7)    the actual harm to human health including injury or illness;
(8)    the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and
(9)    the extent to which the existence of the violation was known to the employer but remained not corrected.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 8 - Prohibited Acts; Penalties › Part III - Civil Penalties › Section 5-811 - Collection of Civil Penalties

(a)    If a civil penalty that is assessed under this title is not paid in full within 30 days after the penalty becomes final, the Commissioner or the Central Collection Unit may proceed in the District Court to enforce payment.
(b)    In a proceeding under this subsection, the Commissioner or the Central Collection Unit is entitled to judgment in the amount of the civil penalty that remains unpaid on a showing that:
(1)    the penalty was assessed against the defendant;
(2)    the penalty has become final;
(3)    no appeal is pending;
(4)    the penalty is wholly or partly unpaid; and
(5)    the defendant:
(i)    was duly served with a copy of the citation in accordance with the applicable regulations of the Commissioner; or
(ii)    contested the citation for which the penalty was assessed.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 10 - Voluntary Protection Program › Section 5-1002 - General Consideration

(a)    (1)    There is a Voluntary Protection Program in the Division of Labor and Industry.
(2)    Under the Program, the Commissioner shall recognize employers with places of employment in which an exemplary, voluntarily implemented worker safety and health management system has been implemented that exceeds basic compliance with occupational safety and health laws and regulations.
(b)    The purpose of the Program is to encourage participating employers to have exemplary worker safety and health programs.
(c)    An employer who wishes to participate in the Program shall submit an application to the Commissioner for approval.
(d)    The Commissioner shall establish the contents of the application form, as well as other documentation that the Commissioner may require.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 10 - Voluntary Protection Program › Section 5-1003 - Evaluations; Compliance; Exemptions

(a)    In evaluating an employer’s application for participation in the Program, the Commissioner may conduct an on–site evaluation of the employer’s place of employment.
(b)    After the approval of an employer’s application for participation, the employer’s continued participation in the Program is contingent on the employer’s compliance with the regulations adopted by the Commissioner under § 5–1004 of this subtitle, as determined by periodic on–site evaluations by the Commissioner.
(c)    Except as provided in subsection (d) of this section, during the period in which the employer is a participant in the Program, the employer’s place of employment is exempt from occupational safety and health inspections conducted by the Commissioner under Title 5, Subtitle 2 of  this article, to the extent allowed by federal law and regulations.
(d)    Notwithstanding an employer’s participation in the Program, a place of employment is not exempt from inspections or investigations that arise from complaints, referrals, catastrophes, fatalities, accidents, or significant toxic chemical releases.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 10 - Voluntary Protection Program › Section 5-1004 - Regulations

(a)    The Commissioner shall adopt regulations to implement the Program.
(b)    The regulations adopted in accordance with subsection (a) of this section shall include requirements for:
(1)    evidence of senior management leadership in the area of occupational safety and health, along with active and meaningful employee involvement;
(2)    comprehensive hazard prevention, mitigation, and control programs;
(3)    systematic assessment of occupational hazards;
(4)    employee safety and health training; and
(5)    safety and health program evaluation.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 11 - Health Care Facilities -- Workplace Safety Program › Section 5-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Health care facility” means:
(i)    a hospital; or
(ii)    a State residential center.
(2)    “Health care facility” includes:
(i)    a subacute care unit of a hospital; and
(ii)    a State–operated hospital.
(c)    “Health care worker” means an individual employed by a health care facility.
(d)    “Hospital” has the meaning stated in § 19–301 of the Health – General Article.
(e)    “State residential center” has the meaning stated in § 7–101 of the Health – General Article.
(f)    “Workplace safety” means the prevention of any physical assault or threatening behavior against a health care worker in a health care facility.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 11 - Health Care Facilities -- Workplace Safety Program › Section 5-1102 - Workplace Safety Committee

(a)    A health care facility shall establish a workplace safety committee to establish and administer a workplace safety program.
(b)    The workplace safety committee established under subsection (a) of this section shall be composed of an equal number of employees who work in management and employees who do not work in management.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 11 - Health Care Facilities -- Workplace Safety Program › Section 5-1103 - Workplace Safety Program

(a)    The workplace safety committee shall establish a workplace safety program that is appropriate for the size and complexity of the health care facility.
(b)    The workplace safety program established under subsection (a) of this section shall include:
(1)    a written policy describing how the health care facility provides for the safety of health care workers;
(2)    an annual assessment to:
(i)    identify hazards, conditions, operations, and situations that could lead to workplace injuries; and
(ii)    be used to develop recommendations to reduce the risk of workplace injuries;
(3)    a process for reporting, responding to, and tracking incidences of workplace injuries; and
(4)    regular workplace safety training for health care workers.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 12 - Heat Stress Standards › Section 5-1201 - Adoption of Regulations Protecting Employees From Heat-Related Illness Caused by Heat Stress

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Heat–related illness” means a medical condition resulting from the inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke.
(3)    “Heat stress” means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn that results in an increase in heat storage in the body, causing body temperature to rise to sometimes dangerous levels.
(b)    (1)    On or before October 1, 2022, the Commissioner, in consultation with the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt regulations that require employers to protect employees from heat–related illness caused by heat stress.
(2)    Before the Commissioner begins the process for developing and adopting the regulations required under paragraph (1) of this subsection, Maryland Occupational Safety and Health shall hold informational hearings in four different geographical areas of the State for the purpose of obtaining input from interested parties.
(3)    In developing the regulations required under paragraph (1) of this subsection, the Commissioner shall consider standards created by the National Institute for Occupational Safety and Health, the American Conference of Governmental Industrial Hygienists, and the American National Standards Institute.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Labor and Industry.
(c)    (1)    “Employee” includes each person in the service of a railroad who performs for the railroad any work defined as work of an employee in accordance with orders and decisions of the federal Department of Transportation and over whom the railroad maintains continuing authority to supervise and direct the manner of the work.
(2)    “Employee” does not include any person who performs work for a rapid rail transit system or light rail system operating in the State.
(d)    (1)    “Railroad” includes each common carrier by rail and all branches, bridges, cars, extensions, ferries, plants, spurs, stations, subways, switches, terminal facilities, tracks, tunnels, and all equipment used on or in connection with them.
(2)    “Railroad” does not include a rapid rail transit system or light rail system operating in the State.
(e)    “Railroad company” means:
(1)    the operator of a railroad operating in the State; and
(2)    the State or any political subdivision of the State, while operating a railroad.
(f)    (1)    “Working day” means any day that occurs Monday through Friday unless the day is designated as a holiday for employees of the State.
(2)    “Working day” does not include a Saturday or Sunday.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-102 - Purpose of Title

It is the intent and purpose of this title to promote safety and health in all areas of railroad operations, to reduce railroad related accidents, to reduce deaths and injuries to all persons, to reduce damage to property caused by accidents involving railroads, and to the extent possible, to assure the safety and health of all persons and the protection of property by providing for:
(1)    an effective enforcement and compliance program;
(2)    development and adoption of safety and health standards and regulations; and
(3)    appropriate reporting procedures with respect to safety and health in railroad operations to help achieve the objective of this title and to describe accurately the nature of railroad safety and health hazards and problems.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-104 - Authority of Commissioner; Delegation

(a)    The Commissioner shall:
(1)    administer and enforce the provisions of this title;
(2)    adopt regulations to establish rules of procedure for hearings held in accordance with this title;
(3)    establish record keeping and reporting procedures necessary to carry out the duties created under this title;
(4)    accept and receive from any agency or agent of the federal government grants of money appropriated under any act of the United States Congress relating to railroad safety and health; and
(5)    have exclusive jurisdiction involving all areas of railroad safety and health as provided under this title.
(b)    (1)    To carry out this title, the Commissioner or authorized representative of the Commissioner may administer an oath, certify to an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify or the production of papers, books, documents, records, and testimony.
(2)    If a person fails to comply with a lawfully issued subpoena, on application of the Commissioner or authorized representative of the Commissioner in a contempt proceeding, a court of competent jurisdiction may compel the person to comply.
(c)    To assist in carrying out this title, the Commissioner may accept and use any service, facility, or employee of any unit of the State or political subdivision, with the consent of the unit or subdivision and with or without reimbursement.
(d)    The Commissioner may assign any function or duty under this title to the Chief Inspector for Railroad Safety and Health.
(e)    Notwithstanding any other provision of this title, the Commissioner has no jurisdiction in any area of railroad safety and health under this title relating to any rapid rail transit system or light rail system operating in the State.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-105 - Track Clearance Certificates

For any construction within 8 feet 6 inches laterally from the center line of a railroad track or within 22 feet above the top of the rail, the application for a building permit must be accompanied by a clearance certificate from the Commissioner to show that the proposed construction complies with requirements relating to distance from and height over a railroad track.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-106 - Cost of Administration

(a)    (1)    The proposed budget of the Division of Labor and Industry shall include an appropriation from the Public Service Commission to cover the cost of administering this title.
(2)    Unless the Board of Public Works exercises the option under subsection (b) of this section, the Public Service Commission shall pay the cost of administering this title from money the Public Service Commission receives under § 2–110 of the Public Utilities Article.
(b)    (1)    The Board of Public Works may adopt a regulation to assess, fairly and as equally as possible, each railroad company operating in the State the cost of the State’s share of activities under this title.
(2)    The amount to be paid by the Public Service Commission may not exceed $1 million in any fiscal year.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-107 - Enforcement by Attorney General

On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit:
(1)    to enforce a decision of the Commissioner under this title;
(2)    subject to § 3-302 of the State Finance and Procurement Article, to collect a civil penalty that is assessed by order of the Commissioner under this title; or
(3)    to enforce any other order of the Commissioner under this title.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-109 - Regulations -- Sanitary Conditions

(a)    This section does not apply to a locomotive that is used only for yard–switching service.
(b)    (1)    The Commissioner may adopt regulations that regulate the sanitary condition of locomotives.
(2)    Regulations adopted under this subsection shall require basic health and safety standards, in accordance with regulations adopted by the Maryland Department of Health, for drinking water and toilet and hand towel facilities.
(c)    Before adoption of regulations under subsection (b) of this section, the Commissioner shall announce and hold a public hearing.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-110 - Specific Health and Safety Standards

(a)    A railroad company may not transport an employee to or from work on a caboose or locomotive unless the railroad company provides a fixed seat with a back support for the employee.
(b)    To protect the health and safety of employees, a railroad company shall:
(1)    install and maintain water or chemical toilet facilities on each caboose used for service beyond a 15-mile radius from a point of dispatchment within the State for use by employees, unless the caboose is a temporary substitute for one regularly used for the service; and
(2)    enclose all toilet fixtures, within the caboose, in a separate compartment of sufficient dimensions that is ventilated properly.
(c)    (1)    This subsection does not apply to any caboose:
(i)    operated on tracks of less than standard gauge;
(ii)    normally used only during daylight hours;
(iii)    operated only within a 20-mile radius from point of dispatchment; or
(iv)    temporarily substituted for a regular caboose.
(2)    To protect the health and safety of employees, the Commissioner shall require each railroad company to install and maintain:
(i)    two or more electric marker lights on the rear of each caboose in service; and
(ii)    one electric light for clerical work within each caboose in service, for which the railroad company shall determine the source of electricity and type of appliance.
(d)    A railroad company may not have a common towel or common drinking cup available for use on property of the railroad company.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-111 - Margin and Sidetrack Maintenance

(a)    (1)    This section does not apply to designated cleanout and repair tracks.
(2)    To provide employees a reasonably safe place to work, each railroad company shall keep and maintain free from debris and vegetation that unreasonably affects employee safety the margins alongside yard tracks and sidetracks where employees are required to walk frequently in the course of their duties.
(b)    If the Commissioner or authorized representative of the Commissioner finds any condition in or on a yard track or sidetrack or in a walkway that constitutes an immediate danger to the health or safety of the public or any railroad employee, or any condition in a sidetrack or switch that constitutes a danger to the health or safety of a railroad employee, the yard track, sidetrack, or switch may be closed immediately until the condition is corrected.
(c)    (1)    This section and § 5.5-123(c) of this title shall be enforced by the Commissioner on a complaint and after a hearing.
(2)    Each day of noncompliance with an order that the Commissioner issues under this section shall be regarded as a separate violation.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-112 - Variances

(a)    The Commissioner shall allow variances in accordance with this section.
(b)    Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.
(c)    After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:
(1)    that action is necessary to prevent undue operational or economic hardship; or
(2)    (i)    existing conditions prevent practical compliance; and
(ii)    the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-113 - Inspections and Investigations

(a)    The Commissioner shall conduct inspections and investigations in accordance with this section.
(b)    (1)    The provisions of this section apply to each railroad establishment, site, plant, workplace, place of employment, environment, or other area.
(2)    The Commissioner or authorized representative of the Commissioner may enter a railroad area without delay at any reasonable time to:
(i)    inspect the railroad area;
(ii)    investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the railroad area; and
(iii)    question any agent or employee of the railroad, if the railroad and an employee representative receive notice of and an opportunity to attend the questioning session.
(c)    The provisions of § 12-101 of the Public Safety Article concerning administrative search warrants apply to this title.
(d)    A person may not give advance notice of any inspection to be conducted under this title without the written approval of the Commissioner or authorized representative of the Commissioner.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-114 - Request for Inspection

(a)    An employee of a railroad company or representative of employees may request inspection of a railroad if the employee or representative believes, in good faith, that:
(1)    there is imminent danger to employees; or
(2)    due to a violation of a health and safety standard adopted under this title, there is a threat of severe physical harm to an employee.
(b)    To request an inspection, an employee or representative of employees shall sign and submit to the Commissioner or authorized representative of the Commissioner a written notice that describes, with reasonable particularity, the grounds for the notice.
(c)    On receipt of a notice made in accordance with this section, the Commissioner shall determine whether there are reasonable grounds to believe that imminent danger or a threat exists.
(d)    (1)    If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an investigation as soon as practicable to determine whether the danger or threat exists.
(2)    If the Commissioner determines that there are no reasonable grounds, the Commissioner shall give the person who submitted the request written notice of that determination.
(e)    (1)    Subject to paragraph (2) of this subsection, a copy of the notice under subsection (b) of this section shall be given to the railroad company or representative of the railroad company no later than at the time of the inspection.
(2)    On request of the person who submits a notice under subsection (b) of this section, the name of the person and the name of each employee to whom the notice refers may not appear in the copy of the notice to be given to the railroad company and in each other record to be disclosed under this title.
(f)    (1)    If an employee or representative of the employee files a complaint with the Commissioner charging the employer with a violation of a regulation adopted by the Commissioner under § 5.5-108 of this title, or the Commissioner issues a complaint, the Commissioner shall serve the employer with a copy of the complaint.
(2)    Within 20 days after receipt of the complaint, the employer shall file a written answer with the Commissioner.
(3)    Within 10 days after an answer is filed, the Commissioner shall set a date for a hearing on the complaint.
(4)    The Commissioner may allow any interested person or organization to intervene.
(5)    A party to the hearing may appear and be heard in person or by a representative and may examine and cross-examine witnesses or present evidence.
(6)    On motion of a party, the Commissioner may allow a continuance for not more than 30 days.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-115 - Notice Prohibiting Use of Apparatus

(a)    In this section, “apparatus” means any machinery, device, or equipment or any part of any machinery, device, or equipment.
(b)    The Commissioner or authorized representative of the Commissioner shall give written notice to a railroad company or the railroad company’s agent in charge of the operation, if, after an inspection or investigation of the railroad, the Commissioner or authorized representative of the Commissioner determines that:
(1)    an apparatus violates a health and safety standard adopted under this title; and
(2)    there is a substantial probability that death or serious physical harm to an individual or damage to property could result from continued use of the apparatus.
(c)    (1)    A copy of a notice under subsection (b) of this section:
(i)    shall be attached to the apparatus; and
(ii)    may not be removed until the apparatus is made safe and each required safeguard is provided.
(2)    Except for use that is necessary to repair the apparatus and to provide any required safeguards, the apparatus may not be used while a notice under this section is posted on the apparatus.
(3)    Only the Commissioner or authorized representative of the Commissioner may remove the notice.
(d)    (1)    Any person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.
(2)    An action under this subsection shall be brought in the court of competent jurisdiction where the apparatus is located.
(3)    In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:
(i)    the court gives the Commissioner notice and an opportunity for a hearing; and
(ii)    the aggrieved person posts security.
(4)    The court shall expedite the hearing of any action brought under this subsection.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-116 - Citations

(a)    If, after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that a railroad company has violated this title or a regulation or health and safety standard adopted or order issued to carry out this title, the Commissioner or authorized representative of the Commissioner shall, with reasonable promptness, issue a citation to the railroad company.
(b)    Each citation under this section shall:
(1)    describe, with particularity, the nature of the alleged violation;
(2)    refer to the provision of this title, order, regulation, or health and safety standard that the railroad company is alleged to have violated; and
(3)    set a reasonable period for abatement and correction of the alleged violation.
(c)    In accordance with any regulation that the Commissioner adopts to carry out this title, a railroad company that is issued a citation shall prominently post the citation or a copy of it as set forth in regulations adopted by the Commissioner.
(d)    No citation may be issued after 6 months after the occurrence of a violation.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-117 - Enforcement of Citation

(a)    Within a reasonable time after issuance of a citation under § 5.5-116 of this title, the Commissioner shall send by certified mail to the railroad company at its principal place of business a notice that:
(1)    states that the citation has been issued and any civil penalty that will be assessed under this title; and
(2)    informs the railroad company that, within 15 working days after receipt of the notice, the railroad company may submit to the Commissioner a written notice of contest on the citation or civil penalty.
(b)    A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless within 15 working days after receipt of a notice under subsection (a) of this section the railroad company notifies the Commissioner of an intent to contest the citation or any penalty.
(c)    A railroad company shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this title.
(d)    If the Commissioner has reason to believe that a railroad company has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the railroad company a notice that:
(1)    states that the railroad company has failed to correct the violation;
(2)    states the civil penalty, if any, that the Commissioner intends to assess under § 5.5-121 of this title for the failure; and
(3)    informs the railroad company that, within 15 working days after receipt of the notice, the railroad company may submit to the Commissioner a written notice of contest on the notice or civil penalty.
(e)    Unless a railroad company notifies the Commissioner within 15 days after receipt of the notification issued by the Commissioner of an intent to contest as provided in subsection (a) of this section, the notice, including any civil penalty, is a final order.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-118 - Hearings

(a)    The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that a railroad company or representative of a railroad company submits under § 5.5-116 or § 5.5-117 of this title.
(b)    The Commissioner shall give notice and hold a hearing under this title in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    (1)    When the Commissioner appoints an administrative law judge to hold a hearing under this section, the administrative law judge shall prepare a record that includes testimony.
(2)    A written report that an administrative law judge submits shall become a final order of the Commissioner unless, within 15 working days after submission of the report, the:
(i)    Commissioner orders a review of the proceeding; or
(ii)    railroad company or any affected person submits to the Commissioner a written request for a review of the proceeding.
(d)    (1)    After review of a proceeding under subsection (b) of this section, with or without a hearing, the Commissioner shall pass an order that, based on findings of fact, affirms, modifies, or vacates the citation or proposed penalty or directs other appropriate relief.
(2)    An order of the Commissioner under paragraph (1) of this subsection is final on the date of issuance of the order.
(e)    After an opportunity for a hearing under this section, the Commissioner may pass an order that affirms or modifies a requirement of a citation for abatement of a violation on a showing by the affected railroad company that it:
(1)    made a good faith effort to comply with the requirement; and
(2)    has not complied because of a factor beyond the reasonable control of the railroad company.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-119 - Judicial Review and Enforcement

(a)    A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the Commissioner adopts to carry out this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.
(b)    In a proceeding under this section, a court may not stay an order, regulation, or health and safety standard of the Commissioner unless:
(1)    the court gives the Commissioner notice and an opportunity for a hearing; and
(2)    the aggrieved person posts security and meets each other condition that the court considers proper.
(c)    A regulation or health and safety standard that the Commissioner adopts to carry out this title may not be held invalid because of a technical defect if there is substantial compliance with this title.
(d)    (1)    At any appropriate time, the Commissioner may file a complaint to enforce any order that the Commissioner passes under this title or regulation or health and safety standard that the Commissioner adopts to carry out this title.
(2)    A complaint filed under this subsection shall be filed in a court of competent jurisdiction in accordance with the Maryland Administrative Procedure Act and the Maryland Rules.
(e)    A court expeditiously shall hear a complaint under this section.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-120 - Injunctive Relief Against Imminent Danger

(a)    If the Commissioner or an authorized representative of the Commissioner concludes that a condition or practice in the operation of any railroad creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an individual or serious physical damage to property, the authorized representative:
(1)    shall give notice of the danger to the railroad company and each employee whom the danger affects; and
(2)    may recommend that the Commissioner seek to enjoin the condition or practice.
(b)    (1)    On a complaint filed by the Commissioner, a circuit court:
(i)    may enjoin a condition or practice at a railroad company if the condition or practice creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an individual or serious physical damage to property; and
(ii)    may grant an injunction or temporary restraining order, pending the outcome of enforcement procedures under this title.
(2)    A temporary restraining order that is passed without notice may not be in effect for more than 7 days.
(3)    An injunction under this subsection may require each act needed to:
(i)    avoid, correct, or remove the imminent danger; or
(ii)    prohibit the employment or presence of any individual in a location or under a condition where the imminent danger exists other than an individual who needs to be present to:
1.    remove the imminent danger; or
2.    where operations must be stopped, stop an operation in an orderly and safe manner.