Labor and Employment (GLE) — Title 5. Occupational Safety and Health

“Employee” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer.

“Employee” includes:

“Employer” means:

“Employer” includes:

a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or

the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.

a governmental unit;

a public or quasi–public corporation of the State;

a school district in the State or any unit of the district; or

a special district in the State or any unit of the district.

“Workplace violence” means an act of violence or a threat of violence that occurs at a place of employment and that is not a lawful act of self–defense or defense of another person.

“Workplace violence” includes, regardless of whether the employee is physically or psychologically injured:

personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of lost production, medical expenses, disability compensation payments, and lost wages;

the prevention of these injuries and illnesses is in the best interest and welfare of the people and the State; and

public bodies should be leaders in creating and maintaining safe and healthy workplaces.

providing that employers and employees have separate but dependent responsibilities and rights with respect to making working conditions safe and healthful;

providing for the development and adoption of occupational safety and health standards, including standards that address workplace violence;

providing for training and other education of personnel so that occupational safety and health standards are administered fairly and efficiently;

providing an effective compliance and enforcement program under this title;

encouraging employers and employees to:

encouraging joint efforts of labor and management to reduce diseases and injuries that arise out of employment;

building on advances already made through the initiatives of employers and employees to make working conditions safe and healthful;

developing innovative approaches, methods, and techniques to deal with occupational safety and health problems;

providing for research in the field of occupational safety and health;

conducting research on occupational health problems, including research to:

providing medical criteria to ensure, to the extent practicable, that work does not diminish the functional capacity, health, or life expectancy of an employee;

providing for reporting procedures on occupational safety and health that are appropriate to help to achieve the purposes of this title and to describe accurately the nature of occupational safety and health problems;

providing for the dissemination of information about health and safety hazards posed by toxic and hazardous substances to which workers are exposed;

requiring employers to educate employees who work with hazardous substances about the hazards of the substances and about safe procedures;

requiring employers to give information to public bodies that are charged with fire protection, to protect the health and safety of firefighters and the public;

providing information and incentives for employers and employees to make ridesharing arrangements; and

making workplaces of public bodies safer and more healthful by requiring:

an employee of the federal government or its units; or

an employee whose occupational safety and health is protected under:

safe and healthful; and

free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee.

Each employer shall comply with this title, each applicable regulation that the Commissioner adopts to carry out this title, and each applicable order that the Commissioner passes under this title.

Each employee shall comply with this title and, when applicable to the employee’s actions and conduct in the course of employment, each regulation that the Commissioner passes under this title.

Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by:

In addition to the requirements under paragraph (1) of this subsection, each public body annually shall make available to each of its employees a copy of:

The Commissioner may enter into a written agreement with a public body to delegate any power of inspection under this title.

An agreement under this subsection shall:

is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority;

has the approval of the chief of the unit for which the employee works; and

has attended a training course that the Division of Labor and Industry conducts and, on completion of the course, has passed an examination.

may inspect excavation work only in the county, municipal corporation, or other jurisdiction of any other authority that employs the individual;

has the authority of a safety inspector of the Division of Labor and Industry; and

shall report to the Commissioner on each action related to an inspection under this section, on a form that the Commissioner provides.

The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title.

The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article.

administer oaths;

certify to an official act; or

depose witnesses.

To administer or enforce this title, the Commissioner or an authorized representative of the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records.

If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner or an authorized representative of the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony.

education programs to provide an adequate supply of qualified personnel to carry out this title;

informal programs on the importance of and proper use of adequate safety and health equipment; and

training programs of personnel engaged in work related to the responsibilities of the Commissioner under this title.

provide for establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this title; and

consult with and advise employers and employees and organizations representing employers and employees about effective means to prevent occupational injuries and illnesses.

occupational safety and health; and

innovative approaches, methods, and techniques to deal with occupational safety and health problems.

develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics; and

compile accurate statistics on:

The Commissioner shall inspect, investigate, and review work practices and work sites of each employer and industry for evidence of excessive safety violations based on information made available by the Workers’ Compensation Commission under § 9–707 of this article.

If evidence of an excessive safety violation is found, the Commissioner shall seek appropriate relief under Subtitle 8 of this title.

Subject to § 2–1257 of the State Government Article, the Commissioner shall submit to the General Assembly an annual report of investigations under this subsection.

assist employers in carrying out their responsibilities under this title; and

recommend and suggest to employers and groups of employers methods and procedures to develop safety programs to carry out those responsibilities.

investigate and analyze the causes of industrial and occupational accidents; and

plan and conduct courses and programs that the service designs to reduce accidents.

In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reason to believe that an employee or member of the medical staff involved in patient care services of the hospital, related institution, freestanding medical facility, or freestanding birthing center is not complying with the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center.

In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner’s authority under the provisions of this title, the Commissioner has reasons to believe that a hospital, related institution, freestanding medical facility, or freestanding birthing center is demonstrating a willful and systematic disregard for the Centers for Disease Control and Prevention’s guidelines on universal precautions, the Commissioner shall refer that suspected violation to:

be generally consistent with this title;

require each public body to:

in addition to a self–inspection required under item (2)(ii) of this subsection, include an inspection program developed, conducted, and maintained by the Unit that otherwise complies with the inspection requirements of § 5–208 of this subtitle.

Subject to paragraph (2) of this subsection, on or before July 1 each year the Commissioner shall publish online a written report on safety and health in public bodies.

The report under paragraph (1) of this subsection shall include:

On or before July 1 each year, the Commissioner shall submit the report required to be published under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.

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.

provide notice of the request to all affected employees of the public body and any employee representatives; and

provide notice of the request to the Governor, the President of the Senate, and the Speaker of the House of Delegates.

inspect the place of employment;

investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and

question privately an agent, employee, or employer.

Subject to any regulation that the Commissioner adopts to carry out this title, a representative chosen by employees and a representative of the employer shall be given an opportunity to accompany the Commissioner or an authorized representative of the Commissioner during an inspection under this subtitle.

If there is no authorized employee representative, the Commissioner shall consult with a reasonable number of employees about safety and health in the place of employment.

Before or during an inspection, an employee or authorized representative of employees in a place of employment or authorized representative of the Commissioner may give the Commissioner written notice of any violation of this title that the employee or representative has reason to believe exists at the place of employment of the employee.

The Commissioner shall set, by regulation, procedures for informal review of any refusal to issue a citation on the basis of notice under this subsection.

If an employee or authorized representative of employees asks for informal review under this subsection, the Commissioner shall give the employee or representative a written statement of the reasons for the final disposition.

there is imminent danger to an employee; or

due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee.

If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an inspection as soon as practical to determine whether the danger or threat exists.

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, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection.

On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title.

the apparatus or part of the apparatus violates an occupational safety and health standard; and

there is a substantial probability that death or serious physical harm could result from continued use.

A copy of a notice under subsection (c) of this section:

Use of any apparatus is prohibited while a notice under this section is posted on the apparatus.

Any person aggrieved by a decision of the Commissioner under this section may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.

An action under this subsection shall be brought in the circuit court for the county where the place of employment is located.

In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:

state the nature, purpose, and scope of the inspection; and

show that:

An application may not be submitted to the District Court unless approved by the Attorney General.

If the Commissioner or an authorized representative of the Commissioner applies for an administrative search warrant under subsection (a) of this section, the Attorney General shall prioritize and expedite review of the application.

Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted to carry out this title, the Commissioner or authorized representative shall issue a citation to the employer with reasonable promptness, not to exceed the earlier of 90 days from the date of the closing conference on the inspection or investigation or 6 months from the occurrence of the violation.

If the incident investigated by the Commissioner involves a fatality or serious physical harm, the Commissioner shall issue a citation with reasonable promptness, not to exceed 6 months from occurrence of the violation.

If an employer to whom a citation is issued is a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the secretary of the principal department to which the unit is assigned or, if the unit is not part of a principal department, the head of the unit.

If an employer to whom a citation is issued is a public body other than a unit of the State government, the Commissioner or authorized representative shall send a copy of the citation to the chief executive officer of the public body and any legislative body that has oversight of the public body.

be in writing;

describe, with particularity, the nature of the alleged violation;

reference the provision of this title, order, or occupational safety and health standard or other regulation that the employer is alleged to have violated; and

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, an employer who is issued a citation shall post the citation or a copy of it conspicuously at or near each place where the citation alleges a violation occurred.

In addition to the posting requirement under paragraph (1) of this subsection, a public body that is issued a citation shall make available a copy of the citation to all affected employees.

states the civil penalty, if any, that the Commissioner proposes to assess under this title; and

informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a written notice of contest on the citation or civil penalty.

within 15 work days after receipt of a notice under subsection (a) of this section the employer notifies the Commissioner of an intent to contest the citation or any penalty; or

within 15 work days after issuance of a citation, an employee or representative of an employee submits a written notice to the Commissioner that alleges that the period of time set in the citation for abatement of the violation is unreasonable.

An employer shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this subtitle.

If the request of an employer for a hearing is made in good faith and not solely to delay or avoid payment of a penalty, the period for correction begins on the day when the order passed as a result of the hearing becomes final.

states that the employer has failed to correct the violation;

states the civil penalty, if any, that the Commissioner intends to assess under this title for the failure; and

informs the employer that, within 15 work days after receipt of the notice, the employer may submit to the Commissioner a notice of contest on the notice or civil penalty.

An employer may choose whether a hearing under this section is to be held in:

The employer shall indicate the choice in the request for a hearing.

When the Commissioner appoints a hearing examiner to hold a hearing under this section, the examiner shall prepare a record that includes testimony.

A report that a hearing examiner submits shall become a final order of the Commissioner unless, within 15 work days after submission of the report:

After review of a proceeding under subsection (e) of this section, with or without a hearing, the Commissioner shall pass an order that, on the bases of 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 15 days after passage of the order.

made a good faith effort to comply with the requirement; and

has not complied because of a factor beyond the reasonable control of the employer.

A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out this title may file a complaint within 30 days after issuance of the order or regulation to have it modified or set aside.

A complaint filed under this subsection shall be filed in the circuit court for:

A copy of the complaint shall be served on the Commissioner and other affected parties.

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.

The court shall determine whether an order that the Commissioner passes under this title or regulation that the Commissioner adopts to carry out this title is in accordance with law.

If a finding of the Commissioner on a question of fact is supported by substantial evidence, the finding is conclusive.

A regulation that the Commissioner adopts to carry out 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 that the Commissioner adopts to carry out this title.

A complaint filed under this subsection shall be filed in the circuit court for the county where:

To the extent practicable, subsections (a), (b), and (c) of this section shall govern proceedings under this subsection.

shall give the employer and each employee whom the danger affects notice of the danger; and

may recommend to the Commissioner that the Commissioner seek to enjoin the condition or practice.

On a complaint filed by the Commissioner, a circuit court:

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:

If the Commissioner arbitrarily or capriciously fails to seek relief under this section, on a complaint filed by or for an employee who may be injured as a result of the failure, a circuit court may pass a writ of mandamus to compel the Commissioner to seek the relief and grant other appropriate relief.

An action under this subsection shall be brought in the circuit court for the county where the alleged imminent danger exists.

is used in the business of an employer;

gives the employer an opportunity to obtain an advantage over a competitor; and

is known only to the employer and any employee to whom the employer needs to confide the information.

the court that is conducting the proceeding passes an order that is appropriate to protect the confidentiality of the trade secret; or

in a proceeding before the Commissioner or authorized representative of the Commissioner, the Commissioner or representative does so.

The Board consists of the following 12 members:

Of the 11 appointed members of the Board:

The term of an appointed member is 6 years and begins on July 1.

The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 1991.

At the end of a term, a member continues to serve until a successor is appointed.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

compensation in accordance with the State budget; and

reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

to prevent conditions that are detrimental to safety and health in each employment or place of employment in the State; and

that the Board finds are necessary to protect and to improve the safety and health of employees on the basis of circumstantial evidence and information that:

give specific consideration to the workplace conditions and safety and health concerns of employees; and

recommend higher standards, if warranted.

are or will be at least as effective in providing safe and healthful employment and places of employment as any standard adopted under the federal Occupational Safety and Health Act of 1970; and

will not put an undue burden on interstate commerce when:

a requirement for the use of a label or other appropriate form of warning as necessary to ensure that each employee is apprised of:

when appropriate in connection with a hazard, a requirement for:

as necessary to protect employees, a requirement to measure or monitor exposure of employees to a hazard:

To develop occupational safety and health standards about toxic materials or harmful physical agents, the Board shall propose or recommend occupational safety and health standards that most adequately ensure, to the extent feasible on the basis of the best available evidence, that no employee, including an employee who has regular exposure to toxic materials or harmful physical agents during the working life of the employee will suffer material impairment of health or functional capacity.

To the extent practicable, the Board shall express each proposed occupational safety and health standard under this subsection in terms of objective criteria and desired performance.

The Board may ask for and the Commissioner may provide technical or other information that may help the Board to determine the need for a proposed regulation and to make a recommendation.

The Commissioner may make any recommendation to the Board about a regulation that the Commissioner considers necessary to carry out this title.

The Board shall hold the public hearings needed to carry out its responsibilities under this subtitle.

At least 30 days before a hearing under this subsection, the Commissioner shall publish notice of the hearing at least once in a newspaper that the Commissioner chooses.

On request of any person, the Commissioner shall give that person notice of a hearing under this subsection.

testimony that was presented at any public hearing; and

technical information.

a regulation or rule adopted by another unit of the State government;

a standard on occupational safety and health that is adopted by an organization that is nationally recognized as setting standards; or

a standard on occupational safety and health that is adopted by the federal government and that is currently in effect.

a new hazard; or

exposure to an agent or circumstance determined to be toxic or physically harmful.

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 occupational safety and health standard by another regulation.

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.

to comply with the regulation or part; and

until then, to protect employees against the hazard that the regulation or part covers;

give a copy of the application to its employees or their authorized representative;

post, where notices to employees normally are posted, a statement that summarizes the application and specifies where a copy of the application may be examined; and

give notice by using any other appropriate means.

of the application; and

that the Commissioner shall give each employee whom the variance would affect an opportunity to participate in a hearing on the application.

the applicant; or

an employee whom the temporary variance would affect.

The Commissioner:

The Commissioner shall give employees whom the permanent variance would affect an opportunity to participate in the hearing.

is unable to comply with a regulation or part of a regulation, by its effective date, because:

has an effective program to comply with the regulation or part as soon as practicable; and

is taking each available step to protect employees against each hazard that the regulation or part covers.

approves an experiment to show or validate a new and improved method to protect the health or safety of employees; and

determines that the employer needs the variance to participate in the experiment.

The Commissioner shall pass an order that grants an employer a temporary variance if:

The Commissioner shall pass an order that grants an employer a permanent variance if:

Each order for a temporary or permanent variance shall specify the conditions the employer must maintain and the means, methods, practices, procedures, and operations to the extent that they differ from those required under the regulation or part of a regulation from which the variance is granted.

Each order for a temporary variance shall state, in detail, the program that the employer is to follow to come into compliance with the regulation or part from which the temporary variance is granted.

1 year after the order is passed; or

if shorter, the period that the employer needs to achieve compliance with the regulation or part.

Subject to the limitations in this subsection, the Commissioner may renew an order for a temporary variance twice.

The Commissioner may renew an order under this subsection only if the employer:

A renewal under this subsection may not remain in effect for more than 180 days.

“Employee” means an employee (as defined in § 5-101 of this title) or former employee when the individual may be exposed under normal operating conditions or foreseeable emergencies.

“Employee” includes:

“Employer” means an employer (as defined in § 5-101 of this title) and includes a volunteer fire, ambulance, or rescue company.

“Employer” does not include a farmer who:

is engaged in the business of providing commercial or residential garbage and refuse pickup and disposal service while actually engaging in the pickup and disposal of garbage and refuse; and

does not pick up, transport, treat, store, or dispose of controlled hazardous substances that are regulated under Title 7, Subtitle 2 of the Environment Article; or

If a term is used in 29 C.F.R. 1910.1200 and defined in § 5-401 of this subtitle, the term has the meaning stated in § 5-401.

When used in 29 C.F.R. 1910.1200, the terms “Assistant Secretary of Labor for OSHA” and “Director of the National Institute for Occupational Safety and Health” shall be interpreted to mean the Commissioner or a designated representative of the Commissioner.

Except for an analytical, educational, or research and development laboratory, a laboratory shall comply with 29 C.F.R. 1910.1200.

An employer that is an analytical, educational, or research and development laboratory shall comply with 29 C.F.R. 1910.1200(b)(3).

packaged for distribution to and intended for use by the general public; and

handled unopened or stored unopened in a retail establishment, including its storeroom or warehouse.

To comply with the requirements of 29 C.F.R. 1910.1200(e)(1)(i) for a list of hazardous chemicals, each employer shall compile and maintain a chemical information list for each hazardous chemical that is formulated, handled, manufactured, packaged, processed, reacted, repackaged, stored, or transferred in the workplace of the employer.

Within 30 days after a hazardous chemical is introduced into the workplace of an employer, the employer shall add the hazardous chemical to the chemical information list. The employer need not place the hazardous chemical alphabetically on the chemical information list until the employer next revises the list as required under paragraph (3) of this subsection.

Every 2 years, an employer shall revise the chemical information list.

contain its chemical and common names; and

identify each work area where the hazardous chemical is found.

Each employer shall keep, for at least 40 years, each chemical information list that the employer compiles or revises.

An employee or designated representative may ask an employer for:

An employer shall comply with a request under this subsection:

To comply with a request for a copy, an employer shall provide, without charge to the employee or designated representative, the copy or the mechanical means to produce the copy. If, during a calendar year, more than 1 copy is requested for an employee the employer may assess a reasonable charge for each additional copy.

An employer shall make the material safety data sheet readily accessible in accordance with 29 C.F.R. 1910.1200(g)(8).

If an employer fails to comply with this subsection, an employee who requests the information may refuse to work with the hazardous chemical for which the chemical information list or material safety data sheet was requested.

an individual who provides fire, ambulance, or rescue service for the appropriate geographic area;

a nurse, physician, or physician’s assistant who is providing emergency medical treatment;

the Commissioner;

a former employee;

an independent contractor or employer;

any environmental, civic, or consumer organization in the State; and

any individual who lives:

before commencement of work at a workplace, shall provide information compiled under § 5–405 of this subtitle to any other employer whose workplace is the site of work being performed by the independent contractor or employer; and

on request, shall provide material safety data sheets for each hazardous chemical identified on the chemical information list to any other employer whose workplace is the site of the work being performed by the independent contractor or employer, within 1 working day after the request.

means an individual who is responsible for the administration of a fire department in a political subdivision or a designee of the individual; and

includes a fire administrator or fire chief.

a list of work areas, identified by name and location, and the appropriate chemical information list for each work area; and

a material safety data sheet for each hazardous chemical included on the chemical information list.

Except as provided in paragraph (2) of this subsection, information submitted or made available under this section is privileged and may not be disclosed to any person or in any civil proceeding.

A fire department official who obtains information under subsection (b) of this section shall make the information available, on request, to an ambulance squad, fire inspection, fire suppression, or rescue squad unit within the same jurisdiction.

a backhoe;

a bulldozer;

a front-end loader;

skid steer equipment;

a gradall;

a scraper pan;

a crane; or

a hoist.

limitations and use;

rated load capacities; and

special hazards.

keep on file for inspection:

assure that specifications of a manufacturer applicable to operation of a piece of power equipment are available to each operator; and

post operating instructions as required by occupational safety and health standards.

exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of the State;

asbestos protective clothing that is used improperly or that is not maintained properly exposes a worker to this hazard;

protective materials have been developed as substitutes for asbestos; and

it is in the public interest to protect workers from this hazard by eliminating the use of asbestos protective clothing.

A person may not sell in the State any item of new or used asbestos protective clothing.

An employer may not:

In this section the following words have the meanings indicated.

“Confined space” means a space that, by design:

“Confined space” includes:

“Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work.

grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or

in accordance with Subtitle 3 of this title, passes an order for a variance.

This subsection applies only to an employer who is a subcontractor.

Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner:

Except as provided in subsection (b) of this section, whenever an employer has an employee working in a manhole, the employer shall have another employee available in the immediate vicinity of the manhole to give emergency help.

The employee who is available to give emergency help may enter the manhole to give other help.

perform an inspection;

perform housekeeping;

take readings; or

do other work if it can be performed safely.

An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage.

This title does not prevent an employer from using medical information that:

files a complaint under or related to this title;

brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought;

has testified or will testify in an action under this title or a proceeding under or related to this title;

exercises, for the employee or another, a right under this title; or

is an essential worker who files a complaint or exercises a right under § 3–1604 of this article.

An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.

On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate.

If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for:

Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.

Unless an employer owns or contracts for a vehicle that is used in a ridesharing arrangement, the employer is not liable for an injury to a rider or another that results from use of the vehicle.

An employer is not liable for an injury to a rider or another only because the employer provides information or incentives or otherwise encourages an employee to participate in a ridesharing arrangement, as defined in § 11-150.1 of the Transportation Article.

The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.

Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:

the seriousness of the violation; and

any demonstrated good faith measures to comply with the provisions of this subtitle.

An employee may not:

The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.

measure or monitor employee exposure to a potentially toxic material or harmful physical agent; and

keep an accurate record of employee exposure to a toxic material or harmful physical agent that the employer is required to measure or monitor.

promptly shall give the employee notice; and

shall inform the employee of each corrective action being taken.

Each employee or former employee shall have access to each record that indicates exposure of the employee or former employee to a toxic material or harmful agent.

Each employee or representative of an employee shall have access to each record kept under subsection (a) of this section.

Subject to paragraph (2) of this subsection, the Commissioner may require, by regulation, that an employer keep:

The Commissioner shall require by regulation that each public body keep an accurate record of the information described under paragraph (1) of this subsection.

the death of an employee; or

hospitalization of at least three employees.

For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation.

The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.

willfully or repeatedly violates this title, an order passed under this title, or a regulation adopted to carry out this title; or

receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title and there is a specific determination that the violation is not of a serious nature.

Except as provided in paragraph (2) of this subsection, a civil penalty under § 5–809 of this subtitle may not exceed:

A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed:

A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than:

Subject to paragraph (2) of this subsection, beginning January 1, 2025, and each calendar year thereafter, the Commissioner shall increase the minimum and maximum penalties in effect under subsection (a) of this section by increasing each civil penalty amount by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers or a successor index published by the federal Bureau of Labor Statistics as necessary to comply with federal law.

The adjustment under paragraph (1) of this subsection shall be effective July 15 each year.

the size of the business of the employer against whom the penalty is to be assessed;

the gravity of the violation for which the penalty is to be assessed;

the good faith of the employer;

the history of violations by the employer;

the injury and illness experience of the employer;

the existence and quality of a safety and training program;

the actual harm to human health including injury or illness;

the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and

the extent to which the existence of the violation was known to the employer but remained not corrected.

the penalty was assessed against the defendant;

the penalty has become final;

no appeal is pending;

the penalty is wholly or partly unpaid; and

the defendant:

There is a Voluntary Protection Program in the Division of Labor and Industry.

Under the Program, the Commissioner shall recognize employers with places of employment in which an exemplary, voluntarily implemented worker safety and health management system has been implemented that exceeds basic compliance with occupational safety and health laws and regulations.

evidence of senior management leadership in the area of occupational safety and health, along with active and meaningful employee involvement;

comprehensive hazard prevention, mitigation, and control programs;

systematic assessment of occupational hazards;

employee safety and health training; and

safety and health program evaluation.

“Health care facility” means:

“Health care facility” includes:

a written policy describing how the health care facility provides for the safety of health care workers;

an annual assessment to:

a process for reporting, responding to, and tracking incidences of workplace injuries; and

regular workplace safety training for health care workers.

In this section the following words have the meanings indicated.

“Heat–related illness” means a medical condition resulting from the inability of the body to rid itself of excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke.

“Heat stress” means the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn that results in an increase in heat storage in the body, causing body temperature to rise to sometimes dangerous levels.

On or before October 1, 2022, the Commissioner, in consultation with the Maryland Occupational Safety and Health Advisory Board, shall develop and adopt regulations that require employers to protect employees from heat–related illness caused by heat stress.

Before the Commissioner begins the process for developing and adopting the regulations required under paragraph (1) of this subsection, Maryland Occupational Safety and Health shall hold informational hearings in four different geographical areas of the State for the purpose of obtaining input from interested parties.

In developing the regulations required under paragraph (1) of this subsection, the Commissioner shall consider standards created by the National Institute for Occupational Safety and Health, the American Conference of Governmental Industrial Hygienists, and the American National Standards Institute.

review and consider the recommendations on preventing workplace violence created by the federal Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health;

hold at least four meetings soliciting input from certified exclusive representatives of employees of public bodies on the best ways to prevent workplace violence; and

hold meetings in at least four geographically diverse locations in the State to receive input from interested parties on the best ways to prevent workplace violence.