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

It is the intent and purpose of this title to promote safety and health in all areas of railroad operations, to reduce railroad related accidents, to reduce deaths and injuries to all persons, to reduce damage to property caused by accidents involving railroads, and to the extent possible, to assure the safety and health of all persons and the protection of property by providing for: an effective enforcement and compliance program; development and adoption of safety and health standards and regulations; and appropriate reporting procedures with respect to safety and health in railroad operations to help achieve the objective of this title and to describe accurately the nature of railroad safety and health hazards and problems.

This title does not apply to any acceptable working conditions defined in a collective bargaining agreement.

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

For any construction within 8 feet 6 inches laterally from the center line of a railroad track or within 22 feet above the top of the rail, the application for a building permit must be accompanied by a clearance certificate from the Commissioner to show that the proposed construction complies with requirements relating to distance from and height over a railroad track.

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

On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: to enforce a decision of the Commissioner under this title; 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 to enforce any other order of the Commissioner under this title.

As necessary, the Commissioner shall adopt appropriate health and safety standards and other regulations relating to: sanitation on railroad property as it affects the health of railroad employees, including clerical employees, engine workers, express employees, freight house employees, highway crossing watchmen, maintenance of way employees, platform employees, train workers, and yard workers; and all other areas of railroad safety and health. To adopt a railroad health and safety standard or other regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article. An economic impact statement prepared in accordance with § 10-111(c) of the State Government Article shall: include direct and indirect effects of the regulation on the railroad industry, the public, and railroad employees; and set forth any alternative approach available. If acceptable alternative approaches are available in adoption of a regulation, the Commissioner shall adopt the approach that has the least burdensome economic impact on the railroad industry, the public, and railroad employees. Subject to paragraph (2) of this subsection, railroad health and safety standards and other regulations that the Commissioner adopts shall be effective as provided in § 10-117 of the State Government Article. The Commissioner may delay the effective date of a regulation for not more than 90 days to ensure that railroad companies have an opportunity to familiarize their agents and employees with the requirements of the regulation. Notwithstanding any other provision of this title but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency health and safety standard that the Commissioner determines is needed to protect the public and employees from the grave danger of exposure to an agent or condition determined to be toxic or physically harmful. An emergency health and safety standard adopted under this subsection remains in effect until the earlier of: expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets; expiration of a period, not exceeding 6 months, that the Commissioner sets; or replacement of the emergency health and safety standard by another regulation adopted in accordance with this section. On request of a railroad company: the Commissioner shall hold a hearing and receive evidence pertaining to any emergency temporary health and safety standard; and within 10 days after the request for a hearing, the Commissioner shall revoke, modify, or continue the standard. If a railroad company is aggrieved by an emergency temporary standard: the railroad company shall have the right to an immediate appeal to a court of competent jurisdiction; and the court shall hear and decide the appeal. The Commissioner shall keep in the office of the Commissioner a set of the current regulations adopted to carry out this title. The Commissioner may set a fee for the cost to prepare and mail a copy of the current regulations. On request and payment of the fee, if any, the Commissioner shall send a person a copy of the current regulations.

This section does not apply to a locomotive that is used only for yard–switching service. The Commissioner may adopt regulations that regulate the sanitary condition of locomotives. Regulations adopted under this subsection shall require basic health and safety standards, in accordance with regulations adopted by the Maryland Department of Health, for drinking water and toilet and hand towel facilities. Before adoption of regulations under subsection (b) of this section, the Commissioner shall announce and hold a public hearing.

A railroad company may not transport an employee to or from work on a caboose or locomotive unless the railroad company provides a fixed seat with a back support for the employee. To protect the health and safety of employees, a railroad company shall: install and maintain water or chemical toilet facilities on each caboose used for service beyond a 15-mile radius from a point of dispatchment within the State for use by employees, unless the caboose is a temporary substitute for one regularly used for the service; and enclose all toilet fixtures, within the caboose, in a separate compartment of sufficient dimensions that is ventilated properly. This subsection does not apply to any caboose: operated on tracks of less than standard gauge; normally used only during daylight hours; operated only within a 20-mile radius from point of dispatchment; or temporarily substituted for a regular caboose. To protect the health and safety of employees, the Commissioner shall require each railroad company to install and maintain: two or more electric marker lights on the rear of each caboose in service; and one electric light for clerical work within each caboose in service, for which the railroad company shall determine the source of electricity and type of appliance. A railroad company may not have a common towel or common drinking cup available for use on property of the railroad company. In this section, “railroad train” has the meaning stated in § 21–101 of the Transportation Article. This subsection applies to a railroad train used in connection with the movement of railroad freight that shares the same rail corridor as a high–speed passenger or commuter train. This subsection does not apply to a railroad train used in connection with the movement of railroad freight involving: hostler service; or utility employees in yard service. A railroad train used in connection with the movement of railroad freight may not be operated in the State unless the railroad train has a crew of at least two individuals. Subject to subparagraph (ii) of this paragraph, a person who willfully violates this subsection is subject to a civil penalty assessed by the Commissioner of: except as provided in item 2 of this subparagraph, a fine not to exceed $10,000; or if the person previously committed a willful violation within the immediately preceding 3 years, a fine not to exceed $25,000. A railroad company shall be solely responsible for the actions of the agents or employees of the railroad company that violate this subsection.

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

The Commissioner shall allow variances in accordance with this section. Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title. After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if: that action is necessary to prevent undue operational or economic hardship; or existing conditions prevent practical compliance; and the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.

The Commissioner shall conduct inspections and investigations in accordance with this section. The provisions of this section apply to each railroad establishment, site, plant, workplace, place of employment, environment, or other area. The Commissioner or authorized representative of the Commissioner may enter a railroad area without delay at any reasonable time to: inspect the railroad area; investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the railroad area; and question any agent or employee of the railroad, if the railroad and an employee representative receive notice of and an opportunity to attend the questioning session. The provisions of § 12-101 of the Public Safety Article concerning administrative search warrants apply to this title. A person may not give advance notice of any inspection to be conducted under this title without the written approval of the Commissioner or authorized representative of the Commissioner.

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

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

If, after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that a railroad company has violated this title or a regulation or health and safety standard adopted or order issued to carry out this title, the Commissioner or authorized representative of the Commissioner shall, with reasonable promptness, issue a citation to the railroad company. Each citation under this section shall: describe, with particularity, the nature of the alleged violation; refer to the provision of this title, order, regulation, or health and safety standard that the railroad company is alleged to have violated; and set a reasonable period for abatement and correction of the alleged violation. In accordance with any regulation that the Commissioner adopts to carry out this title, a railroad company that is issued a citation shall prominently post the citation or a copy of it as set forth in regulations adopted by the Commissioner. No citation may be issued after 6 months after the occurrence of a violation.

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

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

A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the Commissioner adopts to carry out this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. In a proceeding under this section, a court may not stay an order, regulation, or health and safety standard of the Commissioner unless: the court gives the Commissioner notice and an opportunity for a hearing; and the aggrieved person posts security and meets each other condition that the court considers proper. A regulation or health and safety standard that the Commissioner adopts to carry out this title may not be held invalid because of a technical defect if there is substantial compliance with this title. At any appropriate time, the Commissioner may file a complaint to enforce any order that the Commissioner passes under this title or regulation or health and safety standard that the Commissioner adopts to carry out this title. A complaint filed under this subsection shall be filed in a court of competent jurisdiction in accordance with the Maryland Administrative Procedure Act and the Maryland Rules. A court expeditiously shall hear a complaint under this section.

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

A railroad company shall promptly report, in writing or orally, to the Commissioner, after the occurrence of an accident resulting in: a serious injury or fatality to an individual; or damage to property exceeding $2,900, or any other sum as determined by federal regulations, incurred during the operation of the railroad in the State. The Commissioner shall investigate the occurrence promptly after receiving notification of the accident. A railroad company shall promptly submit to the Commissioner copies of all accident and incident reports filed with the Federal Railroad Administration of accidents and incidents occurring in the State.

A person who violates any regulation adopted by the Commissioner under § 5.5-109 of this title is guilty of a misdemeanor and on conviction for each offense is subject to a fine not exceeding the lesser of the penalty provided by the regulation or $100. If a railroad company willfully violates any provision of this title or any order, regulation, or health and safety standard adopted under this title, and the violation caused death to an individual, on conviction the railroad company is subject to: for a first offense, a fine not exceeding $25,000; or for a subsequent offense, a fine not exceeding $50,000. A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed or required to be kept under this title. A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both. Unless the Commissioner or an authorized representative of the Commissioner authorizes advance notice of an inspection, a person may not give advance notice of an inspection to be conducted under this title. A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

The Commissioner shall impose civil penalties under this title. For the purpose of this subsection, a violation is considered to be a serious violation if there is substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, or operation that is in use by the railroad company, unless the railroad company did not know and with the exercise of reasonable diligence could not have known of the violation. The Commissioner may assess a civil penalty against a railroad company that: willfully violates this title, an order passed under this title, or a regulation or health and safety standard adopted to carry out this title and the violation is specifically determined to be of a serious nature, an amount not exceeding $10,000 for each violation; receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation or health and safety standard adopted to carry out this title and the violation is specifically determined to be of a serious nature, an amount not exceeding $1,000 for each violation; or receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation or health and safety standard adopted to carry out this title and the violation is specifically determined not to be of a serious nature, an amount not exceeding $500 for each violation. The Commissioner may assess a civil penalty not exceeding $100 against a railroad company for each violation of a requirement for posting imposed under this title. The Commissioner may assess a civil penalty of not less than $100 and not exceeding $500 against a railroad company that violates a maintenance requirement for yard track margins and sidetracks for employee safety under § 5.5-111 of this title. Each day of noncompliance with any order that the Commissioner issues under § 5.5-111 of this title shall be considered a separate violation. The Commissioner shall assess against an agent of a railroad company a civil penalty of $100 for each employee that the agent requires to ride more than 5 miles without a seat as required under § 5.5-110(a) of this title, regardless of whether the employee is in active service. If a railroad company does not correct a violation for which a citation has been issued within the period set for correction in accordance with § 5.5-116 of this title, the Commissioner may impose a civil penalty not exceeding $100 for each day that the violation continues. Before the Commissioner assesses a civil penalty under this section, the Commissioner shall consider the appropriateness of the penalty in relation to: the size of the railroad company; the gravity of the violation for which the penalty is to be assessed; the good faith of the railroad company; and the history of violations by the railroad company. Each civil penalty under this section shall be payable into the General Fund of the State 90 days after the violation becomes final and nonreviewable. The Commissioner shall reduce the penalty by 50% if during the 90-day period: the railroad company had no reportable accidents attributable to a State or federal regulation; or the railroad has not committed a willful or serious violation as described in this section.