reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part I - Definitions; General Provisions › Section 4-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Injunctive relief” means:
(1)    a permanent injunction;
(2)    a temporary injunction; or
(3)    a temporary restraining order.
(c)    “Labor dispute” includes any controversy, regardless of whether the disputants stand in the proximate relation of employee or employer, concerning:
(1)    terms or conditions of employment;
(2)    employment relations;
(3)    the association or representation of persons in negotiating, setting, maintaining, or changing terms or conditions of employment; or
(4)    any other controversy arising out of the respective interests of employee or employer.
(d)    “Person participating or interested in a labor dispute” means a person against whom relief is sought if the person:
(1)    is engaged in the industry, craft, trade, or occupation in which the dispute occurs; or
(2)    is an agent, member, or officer of an association of employees or employers engaged in the industry, craft, trade, or occupation in which the dispute occurs.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part I - Definitions; General Provisions › Section 4-302 - Legislative Findings and Policy

(a)    The General Assembly finds that:
(1)    governmental authority has allowed and encouraged employers to organize in corporate and other forms of capital control; and
(2)    in dealing with these employers, an individual worker who is not represented by an organization is helpless to exercise liberty of contract or to protect personal freedom of labor and, thus, to obtain acceptable terms and conditions of employment.
(b)    The policy of the State is that:
(1)    negotiation of terms and conditions of employment should result from voluntary agreement between employees and employer; and
(2)    therefore, each individual worker must be:
(i)    fully free to associate, organize, and designate a representative, as the worker chooses, for negotiation of terms and conditions of employment; and
(ii)    free from coercion, interference, or restraint by an employer or an agent of an employer in:
1.    designation of a representative;
2.    self-organization; and
3.    other concerted activity for the purpose of collective bargaining or other mutual aid or protection.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part I - Definitions; General Provisions › Section 4-304 - Promises Restricting Association

(a)    In this section, “promise” means any undertaking, whether express or implied or oral or written.
(b)    A promise made between an employee or prospective employee and an employer, prospective employer, or any other individual, association, company, corporation, or firm is against the policy of the State if the promise requires either party:
(1)    to join or remain a member of an employer or labor organization;
(2)    not to join or not to remain a member of an employer or labor organization; or
(3)    to withdraw from an employment relation if the party joins or remains a member of an employer or labor organization.
(c)    A court may not grant, on the basis of a promise described in this section, any relief against:
(1)    a party to the promise; or
(2)    another person who, without the act or threat of fraud or violence, advises, induces, or urges a party to disregard the promise.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part II - Acts Protected From Injunctive Relief › Section 4-307 - Protected Acts

A court does not have jurisdiction to grant injunctive relief that specifically or generally:
(1)    prohibits a person from ceasing or refusing to perform work or to remain in a relation of employment, regardless of a promise to do the work or to remain in the relation;
(2)    prohibits a person from becoming or remaining a member of an employer organization or labor organization, regardless of a promise described in § 4–304 of this subtitle;
(3)    prohibits a person from paying or giving to, or withholding from, another person any thing of value, including money or strike or unemployment benefits or insurance;
(4)    prohibits a person from helping, by lawful means, another person to bring or defend against an action in a court of any state or the United States;
(5)    prohibits a person from publicizing or obtaining or communicating information about the existence of or a fact involved in a labor dispute by any method that does not involve the act or threat of a breach of the peace, fraud, or violence, including:
(i)    advertising;
(ii)    speaking; and
(iii)    patrolling, with intimidation or coercion, a public street or other place where a person lawfully may be;
(6)    prohibits a person from ceasing:
(i)    to patronize another person; or
(ii)    to employ another person;
(7)    prohibits a person from assembling peaceably to do or to organize an act listed in items (1) through (6) of this section;
(8)    prohibits a person from advising or giving another person notice of an intent to do an act listed in items (1) through (7) of this section;
(9)    prohibits a person from agreeing with another person to do or not to do an act listed in items (1) through (8) of this section;
(10)    prohibits a person from advising, inducing, or urging another person, without the act or threat of fraud or violence, to do an act listed in items (1) through (9) of this section, regardless of a promise described in § 4–304 of this subtitle; or
(11)    on the ground that the persons are engaged in an unlawful conspiracy, prohibits a person from doing an act listed in items (1) through (10) of this section in concert with another person.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-310 - Labor Dispute Case

A case shall be held to involve or grow out of a labor dispute when the case involves:
(1)    persons who are engaged in a single industry, trade, craft, or occupation, employees of the same employer, or members of the same or an affiliated organization of employees or employers, regardless of whether the dispute is between:
(i)    1 or more employees or associations of employees and 1 or more employers or associations of employers;
(ii)    1 or more employees or associations of employees and 1 or more employees or associations of employees; or
(iii)    1 or more employers or associations of employers and 1 or more employers or associations of employers; or
(2)    a conflicting or competing interest in a labor dispute of a person participating or interested in the labor dispute.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-311 - Legislative Findings and Policy

The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly on examination and cross-examination of witnesses in open court, rather than on affidavits alone, is peculiarly subject to abuse in later litigation because:
(1)    injunctive relief necessarily alters, rather than maintains, the status quo;
(2)    determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;
(3)    erroneous issuance of injunctive relief usually is irreparable to the defendant; and
(4)    delay incident to appeals frequently makes ultimate correction of error unavailing in a particular case.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-313 - Failure of Plaintiff to Fulfill Obligations

(a)    A court may not grant injunctive relief in a labor dispute:
(1)    if the plaintiff has failed to comply with each obligation imposed by law that is involved in the labor dispute; or
(2)    except as provided in subsection (b) of this section, if the plaintiff has failed to make every reasonable effort to settle the labor dispute:
(i)    by negotiation; or
(ii)    with the help of available dispute resolution mechanisms, governmental mediation, or voluntary arbitration.
(b)    If irreparable injury is threatened, a court may grant injunctive relief before another tribunal acts to settle the labor dispute.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-314 - Temporary and Permanent Injunctions

In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:
(1)    each known person against whom relief is sought and each public officer who has a duty to protect the property of the plaintiff is given, in the manner that the court directs, personal notice that the court will hold a hearing on issuance of a temporary or permanent injunction;
(2)    at the hearing, the court takes, in open court, testimony offered against the temporary or permanent injunction and affords the opportunity for cross-examination; and
(3)    as a result of the hearing, the court finds that:
(i)    an unlawful act:
1.    has been threatened and, unless restrained, will be committed; or
2.    has been committed and, unless restrained, will be continued;
(ii)    unless it grants the relief requested, the property of the plaintiff will be injured substantially and irreparably;
(iii)    greater injury will be inflicted on the plaintiff for each item of relief that the court denies than will be inflicted on the defendant if the court grants the item;
(iv)    it is not granting any item of relief for which a court lacks jurisdiction under § 4-307 of this subtitle;
(v)    the plaintiff has no adequate remedy at law; and
(vi)    each public officer who has a duty to protect the property of the plaintiff has failed or is unable to give adequate protection.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-315 - Temporary Restraining Orders

(a)    If, in addition to meeting the requirements for an injunction under § 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before a court holds a hearing on issuance of other injunctive relief in a case that involves or grows out of a labor dispute, substantial and irreparable injury to the property of the plaintiff is unavoidable, the court may issue a temporary restraining order in accordance with this section.
(b)    (1)    The court shall pass a show cause order that gives each party whom the plaintiff seeks to have restrained a reasonable period of at least 48 hours in which to show cause why the court should not issue a temporary restraining order.
(2)    A show cause order shall be served on each party whom the plaintiff seeks to have restrained as provided in the show cause order.
(3)    On expiration of the period to show cause, the court may issue a temporary restraining order if on the basis of testimony or, in the discretion of the court, an affidavit, the court finds that issuance of a temporary injunction would be justified if a hearing were held.
(c)    (1)    A temporary restraining order issued under this section is effective for the period that the court sets but not more than 5 days.
(2)    If a hearing for a temporary injunction begins before the expiration of the period set under this subsection, the court may continue the temporary restraining order until the court decides whether to issue the temporary injunction.
(3)    Unless the court continues a temporary restraining order in accordance with paragraph (2) of this subsection, then on expiration of the period set under this subsection, the order is void and may not be renewed or extended.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-316 - Bonds

(a)    Before a court issues a temporary restraining order or temporary injunction in a case that involves or grows out of a labor dispute, the plaintiff shall post bond with the court.
(b)    (1)    Bond under this section shall be in an amount sufficient to compensate each person who is enjoined for any loss, expense, or damages that improvident or erroneous issuance of the temporary restraining order or temporary injunction causes.
(2)    The amount shall include reasonable counsel fees and other reasonable costs that a defendant incurs in defending against other injunctive relief in the same case if the court denies the injunctive relief.
(c)    Bond under this section signifies an agreement between the plaintiff and surety to submit to the jurisdiction of the court for the purpose of being liable on the bond.
(d)    This section does not prevent a party who has a claim on or under a bond from bringing an action to pursue an ordinary remedy in court.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part III - Restrictions on Injunctive Relief › Section 4-317 - Findings; Scope and Effect of Relief

(a)    A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings of fact.
(b)    Injunctive relief in a case that involves or grows out of a labor dispute shall prohibit an act only if:
(1)    the complaint in the labor case expressly complains of the specific act; and
(2)    the findings of fact expressly include the specific act.
(c)    Injunctive relief in a case that involves or grows out of a labor dispute is binding only on a person:
(1)    who receives, by personal service or otherwise, actual notice of the injunctive relief; and
(2)    who is:
(i)    a party to the case;
(ii)    an agent or employee of a party or lawyer who represents a party; or
(iii)    a person in active concert and participation with a party.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 3 - Injunctions › Part IV - Civil and Criminal Liability › Section 4-322 - Constructive Criminal Contempt

(a)    A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute is entitled:
(1)    to pretrial release as provided for defendants in criminal cases;
(2)    to notice of the accusation;
(3)    to a reasonable time to make a defense; and
(4)    except for an officer of the court who is charged with disobedience, misbehavior, or other misconduct in respect to process of the court, on demand, to a speedy and public trial by an impartial jury from the judicial district where the contempt is alleged to have been committed.
(b)    (1)    Whenever the charge of constructive criminal contempt arises from an attack on the character or conduct of a judge, the defendant is entitled to recusal of the judge if the defendant files a demand for recusal before the hearing on the charge.
(2)    Whenever a defendant files a timely demand for recusal:
(i)    the judge may not proceed further; and
(ii)    the presiding judge of the court shall designate another judge as a replacement.
(c)    (1)    A person who is guilty of constructive criminal contempt in a labor case is subject to a fine not exceeding $100 or imprisonment not exceeding 15 days or both.
(2)    A person who is imprisoned for failure to pay a fine imposed under this subsection shall be discharged:
(i)    after 15 days; or
(ii)    if also imprisoned for a definite period, 15 days after the end of the period.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 4 - Miscellaneous Acts › Section 4-401 - Payment of Union Dues or Employee Benefits

(a)    Each employer who, under a collective bargaining agreement, deducts dues from an employee’s pay for payment to a union shall make the payment within 30 days after it is required.
(b)    Each employer or union official who, under a collective bargaining or other agreement with an employee, agrees to make a payment into a health or welfare fund, a pension fund, a vacation plan, or any other similar fund or plan for employees shall make the payment within 30 days after it is required.
(c)    (1)    An employer or union official who knowingly fails to make a payment under subsection (a) or (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(2)    If the employer is a corporation, each corporate officer who exercises executive functions is guilty of a misdemeanor.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 4 - Miscellaneous Acts › Section 4-402 - Refusal to Leave Property

(a)    This section does not apply to a refusal to leave property based on a bona fide claim of ownership of or other right to the property.
(b)    An employee or former employee may not remain on property that is under the legal control of an employer after the employer or an agent of the employer gives the employee or former employee notice to leave if remaining deprives or is intended to deprive the employer of the substantial control, possession, or use of the property.
(c)    A person who violates any provision of subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
(d)    An organization that is responsible for a violation of this section is liable financially to the owner of the property for the loss of revenue or from damage that results from the violation.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 4 - Miscellaneous Acts › Section 4-403 - Strikebreakers

(a)    A person who is not directly interested in a strike may not provide, obtain, recruit, or refer, for employment in place of a striker, an individual who customarily and repeatedly offers to be employed in place of strikers.
(b)    An individual who customarily and repeatedly offers to be employed in place of strikers may not take or offer to take the position of a striker.
(c)    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 3 years or both.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 4 - Miscellaneous Acts › Section 4-404 - Trade Dispute Agreements

(a)    If commission of an act by one person is not an offense, an agreement between two or more persons to do or to bring about the act in contemplation or furtherance of a trade dispute between an employer and a worker is not indictable as conspiracy.
(b)    This section does not affect any law that relates to disturbance of the public peace, riot, unlawful assembly, or an offense against a person or property.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 5 - Employment Rights for Public Safety Officers › Section 4-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Employee” means a fire, EMS, paramedic, or rescue employee hired or compensated by the employer.
(c)    “Employee organization” means any organization of employees that, as one of its primary purposes, represents fire, EMS, paramedic, or rescue personnel.
(d)    “Employer” means:
(1)    a charter county;
(2)    Charles County; or
(3)    a municipal corporation.
(e)    “EMS” means emergency medical services.
(f)    “Exclusive representative” means an employee organization that has been certified through an election of eligible employees to represent and bargain for those employees over any terms and conditions of employment.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 5 - Employment Rights for Public Safety Officers › Section 4-502 - Voluntary Collective Bargaining Between Employer and Exclusive Representative

Each employer covered by this subtitle shall have the authority to enact a local law or ordinance to permit voluntary collective bargaining between the employer and any employee organization that the employer has recognized as an exclusive representative of its employees.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 5 - Employment Rights for Public Safety Officers › Section 4-504 - Memorandum of Understanding Between Employer and Exclusive Representative

Subject to provisions concerning budgetary and fiscal procedures contained in the employer’s charter or, with respect to Charles County, local law, regulation, or policy, if ratified or approved by a legislative enactment of the employer, and if signed by the chief executive officer of the employer, a memorandum of understanding between the employer and an exclusive representative shall bind the employer for the period of time which is provided in the agreement.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 5 - Employment Rights for Public Safety Officers › Section 4-505 - Applicability; Construction

(a)    Subject to subsection (b) of this section, this subtitle only applies to:
(1)    each charter county that engaged in collective bargaining with an employee organization prior to October 1, 1994;
(2)    Charles County on or after October 1, 2017; and
(3)    each municipal corporation that engages in collective bargaining with an employee organization prior to October 1, 1995.
(b)    This subtitle may not be construed to repeal or limit any local charter provision that extends collective bargaining rights to employees of employers and, if a local charter authorizes or grants collective bargaining rights to any employees, the provisions of this subtitle do not apply.
(c)    This subtitle may not be construed to:
(1)    require any form of collective bargaining;
(2)    require any method, means, or scope of bargaining between an employer and an exclusive representative; or
(3)    authorize binding interest arbitration.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 6 - Firefighters and Emergency Medical Personnel -- Right to Judicial Review › Section 4-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Employee” means a fire, emergency medical services, paramedic, rescue, or support employee hired and compensated by a county or municipal corporation or a unit of a county or municipal corporation.
(2)    “Employee” does not include an employee who is on probationary status upon entry into a fire fighting, rescue, paramedic, or emergency medical services agency.
(c)    (1)    “Final decision” means a final disciplinary decision of a personnel board, trial board, civil service commission, or statutorily established review board by which an employee is suspended for not less than 30 consecutive days or is terminated.
(2)    “Final decision” does not include a decision reached through arbitration under a collective bargaining agreement.
2023 Maryland Statutes › Labor and Employment › Title 4 - Bargaining Representatives; Labor Disputes › Subtitle 6 - Firefighters and Emergency Medical Personnel -- Right to Judicial Review › Section 4-602 - Judicial Review

(a)    An employee, county, or municipal corporation aggrieved by a final decision may obtain judicial review of that decision through an appeal filed in a circuit court of appropriate venue.
(b)    An appeal under subsection (a) of this section shall be taken in accordance with Maryland Rules 7-201 through 7-210.
(c)    Any party that is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner provided by law.
(d)    In an appeal under subsection (a) of this section, the circuit court may:
(1)    remand the case for further proceedings;
(2)    affirm the final decision; or
(3)    reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:
(i)    is unconstitutional;
(ii)    exceeds the statutory authority or jurisdiction of the final decision maker;
(iii)    results from an unlawful practice;
(iv)    is affected by any other error of law;
(v)    is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or
(vi)    is arbitrary and capricious.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 1 - Definitions; General Provisions › Section 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” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer.
(2)    “Employee” includes:
(i)    an individual whom a governmental unit employs;
(ii)    an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City;
(iii)    an individual who is employed for part–time or temporary help by a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and
(iv)    an individual who performs work for a governmental unit or person to whom the individual is provided by another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help.
(d)    (1)    “Employer” means:
(i)    except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or
(ii)    a public body.
(2)    “Employer” includes:
(i)    a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public;
(ii)    a governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person; and
(iii)    a governmental unit or person who contracts directly with another governmental unit or person who engages in a business that directly employs individuals to provide part–time or temporary help to another governmental unit or person.
(e)    “Occupational safety and health standard” means a regulation that requires:
(1)    a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or
(2)    the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.
(f)    “Person” includes a successor.
(g)    “Place of employment” means a place in or about which an employee is allowed to work.
(h)    “Public body” means:
(1)    a governmental unit;
(2)    a public or quasi–public corporation of the State;
(3)    a school district in the State or any unit of the district; or
(4)    a special district in the State or any unit of the district.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Legislative Policy

(a)    The General Assembly finds that:
(1)    personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of lost production, medical expenses, disability compensation payments, and lost wages; and
(2)    the prevention of these injuries and illnesses is in the best interest and welfare of the people and the State.
(b)    The purposes of this title are to ensure, to the extent practicable, that each working man and woman in the State has working conditions that are safe and healthful and to preserve human resources by:
(1)    providing that employers and employees have separate but dependent responsibilities and rights with respect to making working conditions safe and healthful;
(2)    providing for the development and adoption of occupational safety and health standards;
(3)    providing for training and other education of personnel so that occupational safety and health standards are administered fairly and efficiently;
(4)    providing an effective compliance and enforcement program under this title;
(5)    encouraging employers and employees to:
(i)    reduce the number of occupational health and safety hazards at their places of employment; and
(ii)    create or improve programs to make working conditions safe and healthful;
(6)    encouraging joint efforts of labor and management to reduce diseases and injuries that arise out of employment;
(7)    building on advances already made through the initiatives of employers and employees to make working conditions safe and healthful;
(8)    developing innovative approaches, methods, and techniques to deal with occupational safety and health problems;
(9)    providing for research in the field of occupational safety and health;
(10)    conducting research on occupational health problems, including research to:
(i)    identify causal connections between diseases and work in environmental conditions; and
(ii)    explore ways to discover latent diseases;
(11)    providing medical criteria to ensure, to the extent practicable, that work does not diminish the functional capacity, health, or life expectancy of an employee;
(12)    providing for reporting procedures on occupational safety and health that are appropriate to help to achieve the purposes of this title and to describe accurately the nature of occupational safety and health problems;
(13)    providing for the dissemination of information about health and safety hazards posed by toxic and hazardous substances to which workers are exposed;
(14)    requiring employers to educate employees who work with hazardous substances about the hazards of the substances and about safe procedures;
(15)    requiring employers to give information to governmental units that are charged with fire protection, to protect the health and safety of firefighters and the public; and
(16)    providing information and incentives for employers and employees to make ridesharing arrangements.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 1 - Definitions; General Provisions › Section 5-103 - Scope of Title

(a)    Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State.
(b)    This title does not apply to a working condition of:
(1)    an employee of the federal government or its units; or
(2)    an employee whose occupational safety and health is protected under:
(i)    the Federal Mine Safety and Health Act of 1977;
(ii)    the Longshore and Harbor Workers’ Compensation Act; or
(iii)    the Atomic Energy Act of 1954.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 1 - Definitions; General Provisions › Section 5-104 - General Duties of Employers and Employees

(a)    Each employer shall provide each employee of the employer with employment and a place of employment that are:
(1)    safe and healthful; and
(2)    free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee.
(b)    (1)    Each employer shall comply with this title, each applicable regulation that the Commissioner adopts to carry out this title, and each applicable order that the Commissioner passes under this title.
(2)    Each employee shall comply with this title and, when applicable to the employee’s actions and conduct in the course of employment, each regulation that the Commissioner passes under this title.
(c)    Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by:
(1)    posting notice where notices to employees normally are posted; or
(2)    using other appropriate means.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-202 - Delegation

(a)    The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title.
(b)    (1)    The Commissioner may enter into a written agreement with a governmental unit to delegate any power of inspection under this title.
(2)    An agreement under this subsection shall:
(i)    specify the procedure to be used in an inspection under the agreement;
(ii)    enable the Commissioner to monitor an inspection power under the agreement; and
(iii)    enable the Commissioner to revoke the agreement at any time.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-203 - Deputies for Inspection of Excavation Work

(a)    To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who:
(1)    is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority;
(2)    has the approval of the chief of the unit for which the employee works; and
(3)    has attended a training course that the Division of Labor and Industry conducts and, on completion of the course, has passed an examination.
(b)    An individual deputized under subsection (a) of this section:
(1)    may inspect excavation work only in the county, municipal corporation, or other jurisdiction of any other authority that employs the individual;
(2)    has the authority of a safety inspector of the Division of Labor and Industry; and
(3)    shall report to the Commissioner on each action related to an inspection under this section, on a form that the Commissioner provides.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-204 - Cost of Administration

(a)    (1)    The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title.
(2)    The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article.
(b)    The Commissioner shall have the power and authority to receive and accept any grant of money from the federal government or any of its agents or units that Congress appropriates under the Occupational Safety and Health Act of 1970.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-206 - Occupational Safety and Health Programs for Public Bodies

(a)    The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies.
(b)    The program under this section shall:
(1)    be generally consistent with this title; and
(2)    require each public body to:
(i)    provide conditions and places of employment that are safe and healthful;
(ii)    develop, conduct, and maintain in each unit of the public body a program of self-inspection that the Commissioner approves;
(iii)    keep and make available to the Commissioner each record that the Commissioner requires under this title and for development of information about occupational accidents, illnesses, and injuries, to allow proper evaluation and necessary corrective action; and
(iv)    submit each report that the Commissioner requires.
(c)    The Commissioner shall monitor the program of each public body for self-inspection.
(d)    The penalties under Subtitle 8 of this title do not apply to a public body.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-207 - Power of 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 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-208 - Inspections

(a)    The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to:
(1)    inspect the place of employment;
(2)    investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and
(3)    question privately an agent, employee, or employer.
(b)    (1)    Subject to any regulation that the Commissioner adopts to carry out this title, a representative chosen by employees and a representative of the employer shall be given an opportunity to accompany the Commissioner or an authorized representative of the Commissioner during an inspection under this subtitle.
(2)    If there is no authorized employee representative, the Commissioner shall consult with a reasonable number of employees about safety and health in the place of employment.
(c)    (1)    Before or during an inspection, an employee or authorized representative of employees in a place of employment or authorized representative of the Commissioner may give the Commissioner written notice of any violation of this title that the employee or representative has reason to believe exists at the place of employment of the employee.
(2)    The Commissioner shall set, by regulation, procedures for informal review of any refusal to issue a citation on the basis of notice under this subsection.
(3)    If an employee or authorized representative of employees asks for informal review under this subsection, the Commissioner shall give the employee or representative a written statement of the reasons for the final disposition.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-209 - Request for Inspection by or for Employee

(a)    An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:
(1)    there is imminent danger to an employee; or
(2)    due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee.
(b)    To request an inspection, an employee or representative 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 inspection as soon as practical 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, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection.
(2)    On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-210 - Notice Prohibiting Use of Apparatus

(a)    In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment.
(b)    The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that:
(1)    the apparatus or part of the apparatus violates an occupational safety and health standard; and
(2)    there is a substantial probability that death or serious physical harm could result from continued use.
(c)    To prohibit use of any apparatus or part of any apparatus, the Commissioner or authorized representative of the Commissioner shall give an employer or the agent in charge of such operation written notice that prohibits use.
(d)    (1)    A copy of a notice under subsection (c) 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)    Use of any apparatus is prohibited while a notice under this section is posted on the apparatus.
(e)    (1)    Any person aggrieved by a decision of the Commissioner under this section may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.
(2)    An action under this subsection shall be brought in the circuit court for the county where the place of employment 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 or meets each other condition that the court considers proper.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-211 - Administrative Search Warrant

(a)    Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section.
(b)    Each application under this section shall:
(1)    state the nature, purpose, and scope of the inspection; and
(2)    show that:
(i)    the applicant:
1.    is authorized by law to inspect the property to which access was denied; and
2.    requested access at a reasonable time;
(ii)    access was denied; and
(iii)    the inspection is for a purpose related to safety or health.
(c)    An application may not be submitted to the District Court unless approved by the Attorney General.
(d)    On application in accordance with this section, the District Court may issue an administrative search warrant.
2023 Maryland Statutes › Labor and Employment › Title 5 - Occupational Safety and Health › Subtitle 2 - Administration and Enforcement › Section 5-212 - Citations

(a)    (1)    Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted to carry out this title, the Commissioner or authorized representative shall issue a citation to the employer with reasonable promptness, not to exceed the earlier of 90 days from the date of the closing conference on the inspection or investigation or 6 months from the occurrence of the violation.
(2)    If the incident investigated by the Commissioner involves a fatality or serious physical harm, the Commissioner shall issue a citation with reasonable promptness, not to exceed 6 months from occurrence of the violation.
(3)    If an employer to whom a citation is issued is a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the secretary of the principal department to which the unit is assigned or, if the unit is not part of a principal department, the head of the unit.
(b)    Each citation under this section shall:
(1)    be in writing;
(2)    describe, with particularity, the nature of the alleged violation;
(3)    reference the provision of this title, order, or occupational safety and health standard or other regulation that the employer is alleged to have violated; and
(4)    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, an employer who is issued a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges a violation occurred.
(d)    The Commissioner may establish, by regulation, procedures for issuance of a notice instead of a citation for a de minimis violation that has no direct or immediate relationship to safety or health.