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09.12.20.00.htm 09.12.20.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 20 Occupational Safety and Health Authority: Labor and Employment Article, §2-106(b)4) 5-212, 5-213, 5-312, and 5-702, Annotated Code of Maryland
09.12.20.01.htm 09.12.20.01. 01 Definitions.. 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; andb) Each distinct activity, where distinctly separa
09.12.20.02.htm 09.12.20.02. 02 Posting Notice and Copies of the Act.. 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.B. Location.. 1) An employer shall post the notice in:. a) Each establishment; and.
09.12.20.03.htm 09.12.20.03. 03 Inspection Procedures.. 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; andb) Other records which are directly related to the purpose of the inspection.. B. Objection to Inspection.. 1) If an employer refuses to permit an inspector to conduct an inspection i
09.12.20.04.htm 09.12.20.04. 04 Complaints by Employees.. 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.
09.12.20.05.htm 09.12.20.05. 05 Protection of Employees Under §5-604 of the Act.. 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.
09.12.20.06.htm 09.12.20.06. 06 Imminent Danger.. 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.B. When an inspector concludes on the basis of an inspection that an imminent danger exists, the inspector shall inform the a
09.12.20.07.htm 09.12.20.07. 07 Issuance of a Citation and Notice of De Minimis Violations.. 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"
09.12.20.08.htm 09.12.20.08. 08 Posting of Notices and Citations.. 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
09.12.20.09.htm 09.12.20.09. 09 Employer and Employee Contests.. 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 dire
09.12.20.10.htm 09.12.20.10. 10 Failure to Correct a Cited Violation.. 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
09.12.20.11.htm 09.12.20.11. 11 Informal Conferences.. 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 employee
09.12.20.12.htm 09.12.20.12. 12 Penalties.. 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 pursua
09.12.20.13.htm 09.12.20.13. 13 Hearings ― General.. 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.B. Discovery. Except as required by State Government Article, Title 10, Subtitle 2, Annotated Code o
09.12.20.14.htm 09.12.20.14. 14 Hearings ― Prehearing Conference.. 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.. B. Request for Prehearing Conference.. 1) A party who seeks a prehearing conference shall:. a) Request a prehearing conference well in advance of the scheduled hearing; and.
09.12.20.15.htm 09.12.20.15. 15 Hearings ― Conduct of Hearing.. 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. b) Exclude evidence which is irrelevant, immaterial, or unduly repetitious.. 2) Subject to applicable laws and regulations, a hearing examiner may:. a) Administer oaths and affirmations;. b) Rule on offers of proof and procedural matters;.
09.12.20.16.htm 09.12.20.16. 16 Hearings ― Determination and Review.. 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 Marylan
09.12.20.17.htm 09.12.20.17. 17 Variances.. 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 req
09.12.20.18.htm 09.12.20.18. 18 Adoption, Amendment, or Repeal of a Regulation.. 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..
09.12.20.19.htm 09.12.20.19. 19 Repealed..
09.12.20.20.htm 09.12.20.20. 20 Petition for Modification of Abatement Date.. 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.. B. Content. A PMA shall be in writing and shall state:. 1) The actions the employer has taken in an effort to achieve compliance during the prescribed abate
09.12.20.21.htm 09.12.20.21. 21 Abatement Verification.. 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.. 2) "Abatement date" means:. a) For an uncontested citation item, the later of the date:. i) In the citation for abatement of the violation,. ii) Approved by MOSH or established in litigation
09.12.20.9999.htm 09.12.20.9999. Administrative History Effective date: July 5, 1993 (20:13 Md. R. 1047). Regulation .03H adopted effective October 23, 2006 (33:21 Md. R. 1675). Regulation .05D adopted effective July 17, 2006 (33:14 Md. R. 1163). Regulation .07 amended effective February 25, 2008 (35:4 Md. R. 513). Regulation .08 amended effective October 23, 1995 (22:21 Md. R. 1615). Regulation .15A, E amended effective April 16, 2012 (39:7 Md. R. 490).
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