In this title the following words have the meanings indicated. “Commissioner” means the Commissioner of Labor and Industry. “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: an individual whom a public body employs; an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; an individual who is employed for part–time or temporary help by a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and an individual who performs work for a public body or person to whom the individual is provided by another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help. “Employer” means: except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or a public body. “Employer” includes: a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public; a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and a public body or person who contracts directly with another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person. “Occupational safety and health standard” means a regulation that requires: 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. “Person” includes a successor. “Place of employment” means a place in or about which an employee is allowed to work. “Public body” means: 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: using or threatening to use physical force against an employee; or an incident involving the use of or threatening the use of a firearm or other dangerous weapon.

The General Assembly finds that: 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. The purposes of this title are to ensure, to the extent practicable, that each working individual in the State has working conditions that are safe and healthful and to preserve human resources by: 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: reduce the number of occupational health and safety hazards at their places of employment; and create or improve programs to make working conditions safe and healthful; 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: identify causal connections between diseases and work in environmental conditions; and explore ways to discover latent diseases; 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: public bodies to create or improve programs and plans related to workplace violence; that workplaces of public bodies be inspected regularly; and that workplaces of public bodies be maintained so that employees are provided places of employment that are safe, healthy, and productive over the course of their careers.

Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State. This title does not apply to a working condition of: an employee of the federal government or its units; or an employee whose occupational safety and health is protected under: the Federal Mine Safety and Health Act of 1977; the Longshore and Harbor Workers’ Compensation Act; or the Atomic Energy Act of 1954.

Each employer shall provide each employee of the employer with employment and a place of employment that are: 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: posting notice where notices to employees normally are posted; or using other appropriate means. 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 report issued by the Commissioner under § 5–206(f) of this title; and citations issued by the Commissioner to the public body in the immediately preceding year, if any.