In this title the following words have the meanings indicated. “Commissioner” means the Commissioner of Labor and Industry. “Division” means the Division of Labor and Industry. “Secretary” means the Secretary of Labor.

There is a Division of Labor and Industry in the Maryland Department of Labor. The Division exercises its rights, powers, and duties subject to the authority of the Secretary as set forth in § 2–102 of the Business Regulation Article or elsewhere in State law.

The head of the Division is the Commissioner. The Secretary shall appoint the Commissioner with the approval of the Governor. The Commissioner holds office at the pleasure of the Secretary. The Commissioner shall devote full time to the duties of office. The Commissioner is entitled to the salary provided in the State budget.

There is a Deputy Commissioner of Labor and Industry who shall be appointed by the Commissioner with the approval of the Secretary. The Deputy Commissioner is in the management service in the State Personnel Management System and serves at the pleasure of the Commissioner. The Deputy Commissioner is entitled to the salary provided in the State budget. In addition to any powers and duties set forth elsewhere, the Deputy Commissioner has the powers and duties of the Commissioner: to the extent delegated by the Commissioner; if the office of the Commissioner is vacant; or if for any reason the Commissioner is absent or unable to perform the duties of office. The Commissioner shall appoint an Assistant Commissioner for Occupational Safety and Health, subject to the approval of the Secretary. The Assistant Commissioner is in the management service in the State Personnel Management System and serves at the pleasure of the Commissioner. The Assistant Commissioner is entitled to the salary provided in the State budget. The Commissioner shall appoint a Chief Elevator Inspector. The Chief Elevator Inspector: is entitled to the salary provided in the State budget; and is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees. The Commissioner shall appoint a Chief Inspector for Railroad Safety and Health. The Chief Inspector: is entitled to the salary provided in the State budget; and is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees. Subject to the approval of the Governor, the Commissioner may appoint a Chief Mediator who shall be a special appointment in the State Personnel Management System. The Chief Mediator: is entitled to the salary provided in the State budget; but may not receive additional compensation for serving on a board of arbitration. The Commissioner shall appoint: safety inspectors who are qualified and trained in occupational safety; and safety inspectors who are qualified technically to inspect amusement rides and amusement attractions, elevators, and worker and material hoists on construction projects and who shall be responsible for those inspections. Each safety inspector: is entitled to the salary provided in the State budget; and is subject to the provisions of the State Personnel and Pensions Article that govern skilled service employees, with the exception of special appointments. Subject to the approval of the Governor and the Secretary, the Commissioner may employ, in accordance with the State budget, other staff needed to perform the duties of the Commissioner. Except as provided in this section or otherwise by law, all other staff is in the skilled service or professional service, with the exception of special appointments, in the State Personnel Management System.

In addition to any duties set forth elsewhere, the Commissioner shall: try to promote harmony between industry and labor; try to promote and develop the welfare of wage earners; and accept grants of money from the federal government or any of its units or agents for a matter within the jurisdiction of the Division.

The Commissioner shall adopt regulations that govern procedure for boards of arbitration under Title 4, Subtitle 1 of this article. Except as provided in subsection (c) of this section, and in addition to authority to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations that are necessary to carry out: Title 3, Subtitle 3 of this article; Title 3, Subtitle 5 of this article; Title 3, Subtitle 13 of this article; Title 4, Subtitle 2, Parts I through III of this article; Title 5 of this article; Title 6 of this article; and Title 7 of this article. After a public hearing, the Commissioner may adopt regulations that are necessary to carry out Title 3, Subtitle 4 of this article. Unless the Commissioner provides otherwise, a regulation that the Commissioner adopts under this subsection takes effect on publication. The Commissioner may adopt regulations that set forth the conditions under which an employer may require an employee to construct, erect, install, maintain, or repair a line that conducts electricity and that has a nominal voltage exceeding: 24,940 volts between a pair of conductors; or 14,400 volts between a conductor and a ground.

In addition to any other units, the Division shall include the units enumerated in this section. There is an Employment Standards Service Unit in the Division. Under the direction of the Commissioner, the Employment Standards Service Unit shall: enforce Title 3, Subtitle 2 of this article; carry out Title 3, Subtitle 3 of this article; enforce Title 3, Subtitle 4 of this article; and enforce Title 3, Subtitle 5 of this article. There is a State Mediation and Conciliation Service in the Division. There is a research and information unit in the Division. Under the direction of the Commissioner, the research and information unit shall collect, organize, and report statistical information on matters within the jurisdiction of the Division. There is a Safety Engineering and Education Service in the Division. There is a Prevailing Wage Unit in the Division. Under the direction of the Commissioner, the Prevailing Wage Unit shall administer and enforce Title 17, Subtitle 2 of the State Finance and Procurement Article. The Prevailing Wage Unit shall advise and submit recommendations to the Commissioner on the Commissioner’s functions under Title 17, Subtitle 2 of the State Finance and Procurement Article. The Commissioner shall ask other units of the State government or units of local governments to provide statistical data, reports, and other information to help the Prevailing Wage Unit carry out its duties. Notwithstanding the funding provisions of § 3–919 of this article, for fiscal year 2007 and for each subsequent fiscal year, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation for the Division of Labor and Industry sufficient to implement the provisions of this section, including amounts not less than: $315,000 for implementation of the Employment Standards Service Unit in the Division; and $385,000 for implementation of the Prevailing Wage Unit in the Division.

As soon after January 1 of each year as reasonably possible, the Commissioner shall submit an annual report to the Governor, to the Secretary, and, subject to § 2-1257 of the State Government Article, to the General Assembly. The report shall describe the activities of the Division during the preceding year. The report shall include a description of its investigations under § 5-205(i) of this article.