reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.04 - Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
Each contract that an employment agency submits to an
				  applicant shall:
A. Be printed in
				6-point type size or larger; and
B.
				State:
(1) "Employment shall be considered to
				be temporary when within 90 days after employment commences the employment is
				terminated through 'no fault' of the applicant, or the employment is
				voluntarily terminated by the applicant with 'just cause.' A temporary
				placement fee may be charged to any such applicant for such temporary
				employment, such fee not to exceed twenty (20) percent of the total
				compensation received or seventy-five (75) percent of the permanent placement
				fee for the same position, whichever is the lesser.
In the event the employee is discharged 'for cause' or
				  voluntarily leaves employment without 'just cause' within 90 days after
				  employment commences, a fee not to exceed 75% of the permanent placement fee
				  may be charged to any such applicant. "
(2) In bold face capital letters above
				signature line: "I HAVE READ AND UNDERSTAND THE ABOVE CONTRACT AND HAVE
				RECEIVED A DUPLICATE OF THE CONTRACT."
(3) In a prominent place on the first page,
				"Licensed and regulated by the Commissioner of Labor and Industry, State of
				Maryland, telephone number, area code (301) 333-4211".
(4) The method of payment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.05 - Fee Statement

Current through Register Vol. 51, No. 14, July 12, 2024
An employment agency shall provide to each applicant a
				  separate document clearly stating the:
A. Fee amount;
B. Annual interest percentage rate;
				and
C. Amount of any service charge
				or interest.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.06 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each employment
				agency shall maintain a record of services provided to each employer and
				applicant.
B. Each record shall:
(1) Be maintained for a period of 2
				years;
(2) Contain the following:
(a) The name and address of the employer and
				the applicant;
(b) A description of
				the positions:
(i) Offered by the employer,
				and
(ii) Accepted by the
				applicant;
(c) The wage
				or salary of the position accepted by the applicant;
(d) The permanent or temporary placement
				fee;
(e) The amount and date of any
				fee payment;
(f) The amount and
				date of any fee refund and the reason for it; and
(g) If the position accepted is not
				permanent, its expected duration.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.07 - Third Party Representative

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				When an employer requests a third party representative to recommend an
				individual for employment in the same, similar, or other affiliated place of
				employment, and the representative requests an employment agency to refer
				applicants to be interviewed, the representative shall be considered the agent
				of the employer.
B. The request to
				the employment agency is considered to be a bona fide job order from the
				employer.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.08 - Refunds

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employment
				agency shall comply with the provisions concerning placement fee refunds set
				forth in Business Regulation Article, §9-318, Annotated Code of
				Maryland.
B. When the Commissioner
				of Labor and Industry orders a refund to be made by an employment agency to an
				applicant, the refund shall be made within 14 calendar days from the date of
				the order.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.09 - Fee Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an
				applicant is referred to the same position or employer by two employment
				agencies, the fee shall be paid to the employment agency which was instrumental
				in securing the position.
B. An
				applicant who accepts an employer fee-paid position may be held liable for the
				fee only:
(1) Upon employer non-payment;
				and
(2) If the employment agency
				notified the applicant of the potential liability either in the contract or in
				a separate memorandum presented before the applicant accepted the
				position.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.10 - Prohibited Solicitations and Inducements

Current through Register Vol. 51, No. 14, July 12, 2024
An employment agency may not solicit, persuade, or
				  induce:
A. After receiving a fee, any
				applicant to leave any employment in which the employment agency has placed the
				applicant; or
B. An employer to
				discharge an employee placed by the employment agency.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.11 - Special Services Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employment agency may negotiate a separate agreement with an employer for
				special services regarding:
(1)
				Recruitment;
(2) Search;
(3) Screening;
(4) Referrals; and
(5) Placement.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.12 - Job Order Number

Current through Register Vol. 51, No. 14, July 12, 2024
An employment agency shall:
A. Assign each employee fee-paid or employer
				fee-paid position a job order number;
B. Include the job order number assigned to
				the position in:
(1) Any advertisement,
				and
(2) The file of the order;
				and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.13 - Employment Counselor's License

Current through Register Vol. 51, No. 14, July 12, 2024
A person licensed as an employment counselor by the
				  Commissioner shall:
A. Display the
				license in a prominent place at the employment agency where the counselor is
				employed; and
B. When acting in the
				capacity of an employment counselor, use only the name in which the license is
				issued.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.11 - Fee Charging Employment Agencies › Section 09.12.11.14 - Rules of Procedure for Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation supplements the
				requirements of State Government Article, §
									10-208, Annotated
				Code of Maryland.
B. Hearing
				Procedure.
(1) During a hearing, a party in
				interest may make any relevant statement or argument either directly or through
				counsel.
(2) Presiding Officer.
(a) "Presiding officer" means the
				Commissioner or an individual authorized to conduct a hearing.
(b) The presiding officer shall:
(i) Call the title of the case;
(ii) Briefly explain the purpose and nature
				of the hearing;
(iii) Recite any
				charge, complaint, or other matter involved;
(iv) Receive stipulations entered into by the
				parties; and
(v) Administer the
				oath to all persons who are summoned or intend to testify.
(c) The presiding officer may examine any
				witness.
(3) Counsel for
				any interested party or a party may raise and address any preliminary
				objection, exception, or motion.
(4) The following exhibits shall be
				introduced:
(a) If the presiding officer is a
				designee, a copy of the letter designating the individual to preside at the
				hearing;
(b) A copy of the
				petition, complaint, or other matter involved in the hearing; and
(c) A copy of the notice of
				hearing.
(5)
				Presentation of Evidence.
(a) "Presentor"
				means the assistant attorney general assigned to present evidence.
(b) The presentor shall introduce information
				obtained as a result of any investigation caused to be made by the Commissioner
				of Labor and Industry.
(c) Subject
				to applicable statutes and rules governing the practice of law, each party or
				counsel representing a party or presentor may:
(i) Present, examine, and cross-examine
				witnesses; and
(ii) Offer
				nontestimonial evidence.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter
				and COMAR 09.12.21 and 09.12.22, the following terms have the meanings
				indicated.
B. Terms Defined.
(1) "Act" means the Maryland Occupational
				Safety and Health Act, Labor and Employment Article, Title 5, Annotated Code of
				Maryland.
(2) "Establishment"
				means:
(a) A single physical location where
				business is conducted or where services or industrial operations are performed;
				and
(b) Each distinct activity,
				where distinctly separate activities are performed at a single physical
				location.
(3)
				Inspection.
(a) "Inspection" means an
				inspection of an employer's factory, plant, establishment, construction site,
				other area, workplace, or environment where work is performed by an employee of
				an employer.
(b) "Inspection"
				includes:
(i) Complaint inspection;
(ii) Reinspection;
(iii) Followup inspection;
(iv) Accident investigation; or
(v) Other inspection conducted under the
				Act.
(4)
				"Inspector" means an individual authorized by the Commissioner to conduct an
				occupational safety and health inspection under Labor and Employment Article,
				§
										5-208, Annotated
				Code of Maryland.
(5) Work Days.
(a) "Work days" means Mondays through
				Fridays, excluding State holidays.
(b) "Work days" does not include the day a
				notice is received.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.02 - Posting Notice and Copies of the Act

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employer shall post a notice, available
				from the Commissioner, which informs employees:
(1) Of the protections and obligations
				provided for by the Act; and
(2)
				That for assistance and information, including copies of the Act and of
				specific occupational safety and health standards, to contact the employer or
				the Commissioner.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.03 - Inspection Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authority
				For Inspection. An inspector is authorized to:
(1) Conduct inspections in accordance with
				§5-208 of the Act; and
(2)
				Review:
(a) Records required by the Act, and
				by regulations and occupational safety and health standards adopted under the
				Act; and
(b) Other records which
				are directly related to the purpose of the inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.04 - Complaints by Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaint
				Inspection.
(1) If upon receipt of a
				complaint, the Commissioner or the Commissioner's authorized representative
				determines that the complaint meets the requirements in §5-209(a) of the
				Act and that there are reasonable grounds to believe that a threat or danger
				exists, the Commissioner or the Commissioner's authorized representative shall
				cause an inspection to be made as soon as practicable, to determine if the
				threat or danger exists.
(2)
				Inspections under this section are not limited to matters referred to in the
				complaint.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.05 - Protection of Employees Under Section5-604 of the Act

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employee Rights. With regard to
				§5-604 of the Act, the exercise of "a right under this title" includes a
				right:
(1) Explicitly provided in the Act,
				such as the right to participate as a party in an enforcement
				proceeding;
(2) Which exists by
				necessary implication, including the right of an employee to:
(a) Request information from the
				Commissioner, or
(b) Be interviewed
				by an inspector in the course of an inspection or investigation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.06 - Imminent Danger

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				regulation, "imminent danger" means a condition or practice which exists in a
				place of employment that reasonably could be expected to cause death or serious
				physical harm:
(1) Immediately; or
(2) Before the imminence of the danger can be
				eliminated through the enforcement procedures otherwise provided by the
				Act.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.07 - Issuance of a Citation and Notice of De Minimis Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Controlling employer" means the employer
				who is responsible, by contract or through actual practice, for safety and
				health conditions on the worksite, whether or not its own employees are
				exposed, such as an employer who has the authority for ensuring that hazardous
				conditions are corrected.
(2)
				"Correcting employer" means the employer who has the responsibility for
				actually correcting the hazard, whether or not its own employees are
				exposed.
(3) "Creating employer"
				means the employer who actually created the hazard through its action or
				inaction, whether or not its own employees are exposed.
(4) "Exposing employer" means the employer
				whose employees are exposed to the hazard or have access to the
				hazard.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.08 - Posting of Notices and Citations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Posting of Citations.
(1) Upon receipt of a citation issued under
				the Act, an employer shall immediately post the citation, or an unedited copy,
				at or near the place the alleged violation referred to in the citation
				occurred, or if, because of the nature of the employer's operations, this is
				not practicable, in a prominent place readily observable to affected
				employees.
(2) When employers are
				engaged in activities which are physically dispersed, the citation may be
				posted at the location where the employees operate to carry out their
				activities.
(3) An employer shall
				take steps to ensure that a citation is not:
(a) Altered;
(b) Defaced; or
(c) Covered by other material.
(4) An employer is not required to
				post a notice of de minimis violations.
(5) A citation, or a copy of it, shall remain
				posted for the later of:
(a) The time the
				violation was abated; or
(b) 3 work
				days.
(6) The filing by
				an employer of a notice of intent to contest under Regulation .09 of this
				chapter does not affect the employer's posting responsibility.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.09 - Employer and Employee Contests

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Notice of contest" includes a notice of
				intent to contest.
B. Notification.
(1) An employer to whom a citation has been
				issued may, in accordance with §5-213 of the Act, notify the Commissioner
				in writing that the employer contests the citation or proposed
				penalty.
(2) The notice of contest
				shall be postmarked within 15 work days of the receipt by the employer of the
				citation.
(3) A notice of contest
				shall specify if it is directed to the citation, to the proposed penalty, or to
				both.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.10 - Failure to Correct a Cited Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an inspection discloses that an
				employer has failed to correct a cited violation within the period permitted
				for its correction, the Commissioner or the Commissioner's authorized
				representative shall notify the employer by certified mail, or by personal
				service by an inspector, of this failure and the additional penalty proposed
				under 5-213(d) and 5-809(d) of the Act for the failure.
B. An employer receiving a notification of
				failure to correct a violation and proposed additional penalty may notify in
				writing, in accordance with §5-213(d) of the Act, the Commissioner or the
				Commissioner's authorized representative that the employer intends to contest
				the alleged failure to correct the violation, and proposed additional penalty,
				or both.
C. The notice of contest
				shall be postmarked within 15 work days of the receipt by the employer of the
				notification of failure to correct a violation and proposed additional
				penalty.
D. A notification of
				failure to correct a violation and proposed additional penalty shall state that
				it is a final order, unless a notice of contest in accordance with this
				regulation is filed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.11 - Informal Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				request of an affected employer, employee, or representative of employees, the
				Commissioner or the Commissioner's authorized representative may hold an
				informal conference to discuss issues raised by the inspection, citation,
				proposed penalty, or notice of contest.
B. If the employer requests a conference, the
				Commissioner or the Commissioner's authorized representative may, at the
				discretion of the Commissioner, afford affected employees or a representative
				of employees an opportunity to participate.
C. If an employee or representative of
				employees requests a conference, the Commissioner or the Commissioner's
				authorized representative may, at the discretion of the Commissioner, afford
				the employer an opportunity to participate.
D. A party may be represented by counsel at a
				conference.
E. Neither the request
				for a conference nor the conference shall operate as a stay of the 15-work-day
				period for filing a notice of contest under Regulation .09 of this
				chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.12 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This
				regulation applies to the assessment of civil penalties by the Commissioner
				under Labor and Employment Article, §§
									5-809 and
				5-810, Annotated
				Code of Maryland, in all cases arising from inspections conducted on and after
				the effective date of this regulation.
B. Definition. In this regulation,
				"Commissioner" means:
(1) The Commissioner of
				Labor and Industry;
(2) The
				Commissioner's authorized representative; or
(3) A person acting pursuant to a delegation
				of authority from the Commissioner of Labor and Industry.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.13 - Hearings - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) This regulation supplements the notice
				and hearing requirements of the Administrative Procedure Act-Contested Cases,
				State Government Article, Title 10, Subtitle 2, Annotated Code of
				Maryland.
(2) In the event of a
				conflict with COMAR 28.02.01, the provisions set forth in this chapter control
				the conduct of a hearing conducted under the Act.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.14 - Hearings - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may request a prehearing
				conference with the assistant attorney general assigned to the case to:
(1) Exchange information;
(2) Attempt to resolve or narrow the issues;
				or
(3) Discuss settlement of a
				case.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.15 - Hearings - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Powers and Duties of Hearing Examiner.
(1) A
				hearing examiner shall:
(a) Conduct a fair
				and impartial hearing to:
(i) Fully elicit
				all the facts,
(ii) Adjudicate all
				issues, and
(iii) Avoid delay;
				and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.16 - Hearings - Determination and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within a reasonable time after the hearing
				examiner has heard and considered all evidence, written briefs, and memoranda,
				the hearing examiner shall:
(1) Issue a
				written determination which:
(a) Is
				dated,
(b) Summarizes testimony and
				exhibits,
(c) Is the hearing
				examiner's final disposition of the proceedings, and
(d) Comports with the Act, regulations
				adopted under the Act, and State Government Article, §
											10-214, Annotated
				Code of Maryland; and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.17 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effect of
				Variance. A variance granted under the Act and regulations adopted under the
				Act has only future effect.
B.
				Temporary Variance.
(1) Application.
(a) An affected employer seeking a temporary
				variance shall file with the Commissioner, or the Commissioner's authorized
				representative, an application for variance before the effective date of the
				regulation or part of a regulation for which the temporary variance is
				sought.
(b) In addition to the
				requirements of §5-320 of the Act, an application for temporary variance
				shall be in writing and shall specify:
(i)
				The name and address of the applicant;
(ii) The address of each place of employment
				for which a variance is sought;
(iii) If the applicant seeks a hearing on the
				application, a request for hearing;
(iv) A statement of the facts the applicant
				would show to establish that the applicant is unable to comply with a
				regulation by its effective date because necessary professional or technical
				personnel or material and equipment are unavailable, or necessary construction
				or alteration of facilities cannot be completed by the effective date;
				and
(v) A description of how the
				employer provided the notice required by §5-321(a) of the Act.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.18 - Adoption, Amendment, or Repeal of a Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may file with the
				Commissioner a petition for the adoption, amendment, or repeal of a regulation
				or standard.
B. A petition shall be
				in writing and shall:
(1) Identify the
				regulation proposed for adoption, amendment, or repeal;
(2) State the reasons for the proposal;
				and
(3) State the intended effect
				of the proposal.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.20 - Petition for Modification of Abatement Date

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employer may file a petition for
				modification of abatement date (PMA) when the employer has:
(1) Made a good faith effort to comply with
				the abatement requirements of a citation; and
(2) Not completed abatement because of
				factors beyond the employer's reasonable control.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.20 - Occupational Safety and Health › Section 09.12.20.21 - Abatement Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				regulation, the following terms have the meanings indicated:
(1) "Abatement" means action by an employer
				to:
(a) Comply with a cited standard or
				regulation; or
(b) Eliminate a
				recognized hazard identified by MOSH during an inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.21 - Employee Injury and Illness Records and Reports › Section 09.12.21.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				establishes the requirements for employers in Maryland to record and report
				work-related fatalities, injuries, and illnesses in accordance with federal and
				State law, regulations, and procedures.
B. This chapter establishes partial
				exemptions for employers with ten or fewer employees and for establishments in
				certain industries.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.21 - Employee Injury and Illness Records and Reports › Section 09.12.21.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, Recording and Reporting Occupational
				  Injuries and Illnesses, 29 CFR Part 1904 (2019), is incorporated by reference
				  with the following changes:
A.
				Wherever the words:
(1) "OSH Act" appear,
				substitute "Maryland Occupational Safety and Health Act";
(2) "Occupational Safety and Health
				Administration (OSHA), U.S. Department of Labor" appear, substitute
				"MOSH";
(3) "OSHA" appear,
				substitute "MOSH" for "OSHA" except for references to "OSHA injury and illness
				records";
(4) "Section 11(c) of the
				Act" appear, substitute "§ 5-604 of the Maryland Occupational Safety and
				Health Act";
(5) "OSHA Area Office"
				appear, substitute "MOSH Central Office";
(6) "your local OSHA Area Office director"
				appear, substitute "the MOSH Assistant Commissioner";
(7) "OSHA toll-free central telephone number,
				1-800-321-OSHA (1-800-321- 6742)"appear, substitute "MOSHCentral Office
				toll-free telephone number, 1-800-759-6297"; and
(8) "
www.osha.gov
" appear, substitute "
www.labor.maryland.gov/labor/mosh/
".
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.21 - Employee Injury and Illness Records and Reports › Section 09.12.21.03 - Survey

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of an Occupational Injuries and Illnesses Survey
				  form, an employer shall promptly complete and return the form in accordance
				  with the instructions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.21 - Employee Injury and Illness Records and Reports › Section 09.12.21.04 - Variance Procedure for Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. State or Local Government Employers. The
				Commissioner shall consider an application for variance from the record keeping
				and reporting requirements by a State or local government employer consistent
				with COMAR
				09.12.20.17B, and
				subject to the approval of the federal Occupational Safety and Health
				Administration.
B. Private Sector
				Employers. MOSH may not issue a variance to a private sector employer and shall
				recognize all variances issued by the federal Occupational Safety and Health
				Administration.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to protect the substantial
				  privacy interests involved in employee medical records by ensuring that:
A. The Commissioner or the Commissioner's
				authorized representative will exercise authority to gain access to personally
				identifiable employee medical information only:
(1) After a careful determination of the need
				for this information, and
(2) With
				appropriate safeguards to protect individual privacy;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.02 - Scope and Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §B of this regulation, this chapter applies to a request by
				MOSH inspection personnel to access records for the purpose of examining or
				copying personally identifiable employee medical information, whether or not
				the request is made under the access provisions of
				29 CFR §
										1910.1020(e)(3).
B. This regulation does not apply when:
(1) MOSH inspection personnel:
(a) Conduct an examination of employee
				medical records solely to verify employer compliance with the medical
				surveillance record-keeping requirements of an occupational safety and health
				standard or with 29 CFR
				§
												1910.1020;
(b) Conduct the examination:
(i) On-site, and
(ii) If requested, under the observation of
				the record holder; and
(c) Do not record and take offsite any
				information from medical records other than documentation of the fact of
				compliance or noncompliance; or
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.03 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The definitions
				set forth in COMAR 09.12.20 apply to this chapter.
B. For the purpose of this chapter,
				"personally identifiable employee medical information":
(1) Means employee medical information
				accompanied by either:
(a) Direct
				identifiers, including:
(i) Name,
(ii) Address,
(iii) Social Security number,
(iv) Payroll number; or
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.04 - Responsible Individuals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commissioner or the Commissioner's authorized representative is responsible for
				the overall administration and implementation of the procedures contained in
				this chapter, including making a final determination concerning:
(1) Access to personally identifiable
				employee medical information; and
(2) Interagency transfer or public disclosure
				of personally identifiable employee medical information.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.05 - Written Access Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Requirements.
(1) Except as provided in
				§D of this regulation, a request by a MOSH representative to examine or
				copy personally identifiable employee medical information contained in a record
				held by an employer or other record holder shall be made in accordance with a
				written access order approved by the Commissioner or the Commissioner's
				authorized representative upon the recommendation of the medical records
				officer.
(2) At the Commissioner's
				discretion, a written access order may constitute, or be accompanied by, an
				administrative subpoena.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.06 - MOSH Use of Personally Identifiable Employee Medical Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever
				practicable, the examination of personally identifiable employee medical
				information shall be performed onsite with a minimum of medical information
				taken offsite in a personally identifiable form.
B. The principal investigator, in each
				instance of access, is primarily responsible for ensuring that personally
				identifiable employee medical information is used and kept secured in
				accordance with this chapter.
C.
				The principal investigator, the medical records officer, the Commissioner or
				the Commissioner's authorized representative, and any other authorized
				individual listed on a written access order may permit the examination or use
				of personally identifiable employee medical information by MOSH personnel and
				contractors who have:
(1) A need for access;
				and
(2) Appropriate qualifications
				for the purpose for which they are using the information.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.07 - Security Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. MOSH
				Files.
(1) MOSH files containing personally
				identifiable employee medical information shall be segregated from other MOSH
				files.
(2) When not in active use,
				files containing personally identifiable employee medical information shall be
				kept secured in a locked cabinet or vault.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.08 - Retention and Destruction of Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consistent with Maryland records retention
				programs, personally identifiable employee medical information and lists of
				coded direct personal identifiers shall be destroyed or returned to the
				original record holder when they are no longer needed for the purposes for
				which they were obtained.
B. The
				medical records officer shall:
(1) Maintain
				custody of personally identifiable employee medical information which is
				currently not being used actively but may be needed for future use;
				and
(2) Conduct an annual review of
				all centrally held information to determine which information is no longer
				needed for the purposes for which it was obtained.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.09 - Results of Analysis Using Personally Identifiable Employee Medical Information

Current through Register Vol. 51, No. 14, July 12, 2024
If appropriate, the medical records officer shall communicate
				  the results of a MOSH analysis using personally identifiable employee medical
				  information to employees whose personal medical information was used as part of
				  the analysis.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.10 - Annual Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. On an annual
				basis, the medical records officer shall review MOSH experience under this
				chapter during the previous year, and prepare a report to the Commissioner,
				which shall be made available to the public.
B. The report shall discuss:
(1) The number of written access orders
				approved and a summary of the purposes for access;
(2) The nature and disposition of employee,
				collective bargaining agent, and employer written objections concerning access
				to personally identifiable employee medical information; and
(3) The nature and disposition of requests
				for inter-agency transfer or public disclosure of personally identifiable
				employee medical information.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.22 - Personally Identifiable Employee Medical Information › Section 09.12.22.11 - Inter-Agency Transfer and Public Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when required by law or when
				approved by the Commissioner, personally identifiable employee medical
				information may not be:
(1) Transferred to an
				agency or office other than MOSH, except to an assistant attorney general
				assigned to MOSH; or
(2) Disclosed
				to the public, other than to the affected employee or the original record
				holder.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.23 - Prohibition on Smoking in an Indoor Place of Employment › Section 09.12.23.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Indoor place of employment" includes,
				but is not limited to:
(a) An indoor work
				area;
(b) A vehicle other than a
				private vehicle as used in Health-General Article, §24-505(1), Annotated
				Code of Maryland, when an employee uses it in the course of
				employment;
(c) An employee lounge
				or restroom;
(d) A conference and
				meeting room;
(e) A
				classroom;
(f) A cafeteria operated
				by an employer for use by its employees;
(g) A hallway;
(h) A restaurant;
(i) A bar or tavern;
(j) A sleeping room in a hotel or motel;
				and
(k) An assembly, conference,
				convention, or meeting establishment or enclosed portion of the
				establishment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.23 - Prohibition on Smoking in an Indoor Place of Employment › Section 09.12.23.02 - Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to:
A. Private homes;
B. Residences, including residences used as a
				business or place of employment, unless being used by a person who is licensed
				or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of
				Maryland, to provide day care or child care;
C. Private vehicles, unless being used for
				the public transportation of children, or as part of health care or day care
				transportation;
D. A hotel or motel
				room rented to one or more guests as long as the total percent of hotel or
				motel rooms being so used does not exceed 25 percent;
E. A retail tobacco business that is a sole
				proprietorship, limited liability company, corporation, partnership, or other
				enterprise, in which:
(1) The primary
				activity is the retail sale of tobacco products and accessories; and
(2) The sale of other products is
				incidental;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.23 - Prohibition on Smoking in an Indoor Place of Employment › Section 09.12.23.03 - Employer Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
An employer shall:
A. Ensure that in an indoor place of
				employment there is no smoking; and
B. Post at each entrance to an indoor place
				of employment a sign stating that smoking is not permitted.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.23 - Prohibition on Smoking in an Indoor Place of Employment › Section 09.12.23.04 - Interpretation

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter may not be construed to prevent an employer from
				  prohibiting smoking in areas not covered by Labor and Employment Article §
									5-608(a),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.24 - MOSH Consultation Education and Training Program › Section 09.12.24.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				provides for the conduct of Maryland's Occupational Safety and Health (MOSH)
				Consultation Program in accordance with federal law, regulations, and
				procedures.
B. This chapter
				establishes the conditions under which an employer may be granted an exemption
				from certain MOSH inspections.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.24 - MOSH Consultation Education and Training Program › Section 09.12.24.02 - Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is in the
				Occupational Safety and Health unit of the Division of Labor and Industry a
				MOSH Consultation Program.
B.
				Service of the Program is available only upon request by the
				employer.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.24 - MOSH Consultation Education and Training Program › Section 09.12.24.03 - Scope of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Availability
				of Services.
(1) The MOSH Consultation
				Program shall provide on-site and off-site consultation services in accordance
				with this chapter.
(2) Consultation
				services are available from the Division of Labor and Industry only through the
				MOSH Consultation Program.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.24 - MOSH Consultation Education and Training Program › Section 09.12.24.04 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) The following sections of Consultation
				Agreements, 29 CFR 1908 (October 26, 2000):
(a)
											29 CFR §
												1908.2;
(b)
											29 CFR §
												1908.4;
(c)
											29 CFR §
												1908.5, except in (b)(2), the last sentence,
				change the word "insight" to "initial";
(d)
											29 CFR §
												1908.6; and
(e)
											29 CFR §
												1908.7, except:
(i) In paragraph (a)(1), substitute the
				following for the existing text, "Consultative activity shall be conducted
				independently of any MOSH enforcement activity";
(ii) In paragraph (b)(2), after (iv), insert:
				"Accident investigations"; and "(v)".
(iii) In paragraph (b)(4), after the word
				"employers" insert "at fixed worksites";
(iv) In paragraph (b)(4)(i)(B), substitute
				the words "Commissioner of Labor and Industry" for "Regional Office";
				and
(v) In paragraph (b)(4)(ii),
				add the following criteria:
"(D)
				Accident;
(E) Referral from a MOSH
				safety compliance officer to a MOSH health compliance officer, or from a MOSH
				health compliance officer to a MOSH safety compliance officer; and
(F) Follow-up on a previously cited
				violation."
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.24 - MOSH Consultation Education and Training Program › Section 09.12.24.05 - Recognition and Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				recognition and exemption program shall be known as the Safety and Health
				Achievement Recognition Program (SHARP).
B. The authority to approve an employer for
				SHARP rests with the Commissioner of Labor and Industry.
C. To be eligible for consideration for
				participation in SHARP, an employer shall:
(1) Be a single, fixed worksite;
(2) Have at least 1 year of operating
				history, in order to have established a days away from work, days of restricted
				work activity, or job transfer (DART) Rate and a Total Recordable Case (TRC)
				Rate using the calculation formulas in Regulations .08 and .09 of this
				chapter;
(3) Have reduced the DART
				Rate and TRC Rate at the worksite to below the industry average using the
				method permitted in §D of this regulation and the calculation formulas in
				Regulations .08 and .09 of this chapter;
(4) Request, in writing, a complete safety
				and health hazard assessment of all working conditions, equipment, and
				processes at the worksite and correct all hazards, including serious and
				other-than-serious hazards, identified by the MOSH consultant;
(5) Have implemented and maintained a safety
				and health management system, preferably in writing, that addresses, at a
				minimum, the major elements of the 1989 Safety and Health Program Management
				Guidelines;
(6) Score at least two
				on all 50 basic attributes of the Safety and Health Program Assessment
				Worksheet;
(7) Agree to notify the
				consultation project manager and request a subsequent on-site consultation
				visit when making any changes in working conditions or work processes that
				might introduce new hazards into the workplace;
(8) At the time the employer requests the
				complete safety and health hazard assessment, post a notice that it intends to
				participate in SHARP;
(9) Keep the
				notice required under §C(8) of this regulation posted until all hazards
				have been corrected; and
(10)
				Mutually agree with the consultation project manager on an achievement plan,
				which provides an outline for the continuous improvement of the employer's
				safety and health management system.