The Commissioner shall have the power and authority to administer and enforce this title.

The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title. 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: specify the procedure to be used in an inspection under the agreement; enable the Commissioner to monitor an inspection power under the agreement; and enable the Commissioner to revoke the agreement at any time.

To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who: 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. An individual deputized under subsection (a) of this section: 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. The Commissioner shall have the power and authority to receive and accept any grant of money from the federal government or any of its agents or units that Congress appropriates under the Occupational Safety and Health Act of 1970.

To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may: 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. After consultation with other appropriate units, the Commissioner shall conduct: 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. The Commissioner shall: 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. After consultation with other appropriate units, the Commissioner shall conduct demonstrations, experiments, and research that relate to: occupational safety and health; and innovative approaches, methods, and techniques to deal with occupational safety and health problems. On the basis of demonstrations, experiments, research, and other available information, the Commissioner shall develop criteria for exposure to toxic materials and harmful physical agents at levels that are safe for various periods of employment, including levels at which no employee will suffer impaired health or functional capacity or diminished life expectancy as a result of work experience. The Commissioner shall: develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics; and compile accurate statistics on: work–related illnesses that are disabling, serious, or significant; and work–related injuries, whether or not involving loss of time from work, other than minor injuries that require only first aid treatment and do not involve loss of consciousness, medical treatment, restriction of motion or work, or transfer to another job. With the consent of a public body, the Commissioner may use an employee, facility, or service of the public body, with or without reimbursement, to help the Commissioner carry out a function under this title. 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. Whenever the Commissioner has reason to believe that a person has violated any provision of this title for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to the State’s Attorney of the county where the violation allegedly occurred or the person resides. The Commissioner shall: 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. On behalf of the Commissioner, the Safety Engineering and Education Service shall: 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 duties set forth elsewhere, each safety inspector shall be responsible for enforcement of safety codes in construction and any other hazardous industry in the State. 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 a health care provider required under the Health Occupations Article to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions is not complying with those provisions, the Commissioner shall refer that suspected violation to the health care provider’s licensing board. 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: the Maryland Department of Health; and 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, the Commissioner shall enforce §§ 3–1603, 3–1605, and 3–1607 of this article.

In this section, “Unit” means the Public Employees’ Safety and Health Unit. There is a Public Employees’ Safety and Health Unit in the Division of Labor and Industry. The Commissioner shall be the head of the Unit. The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies that is administered and enforced by the Unit. The program under this section shall: be generally consistent with this title; require each public body to: provide conditions and places of employment that are safe and healthful; develop, conduct, and maintain in each unit of the public body a program of self–inspection that the Commissioner approves and monitors; keep and make available to the Commissioner each record that the Commissioner requires under this title and for development of information about occupational accidents, illnesses, and injuries, to allow proper evaluation and necessary corrective action; and submit each report that the Commissioner requires; and 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: a summary of the work and findings of the Unit; a summary of any new regulations adopted during the immediately preceding year; a summary of trending safety and health issues related to employees of public bodies; and a list of any: hazardous workplace circumstances found at the workplaces of public bodies during the immediately preceding year; and citations issued to public bodies during the immediately preceding year. 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. This section does not limit or preclude the Commissioner or an authorized representative of the Commissioner from inspecting a public body in accordance with any other provision under this title.

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. If the request under subsection (a) of this section concerns a public body, the Attorney General shall: 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.

The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to: 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.

An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that: 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. To request an inspection, an employee or representative 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 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.

In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment. The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that: 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. To prohibit use of any apparatus or part of any apparatus, the Commissioner or authorized representative of the Commissioner shall give an employer or the agent in charge of such operation written notice that prohibits use. A copy of a notice under subsection (c) 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. 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: the court gives the Commissioner notice and an opportunity for a hearing; and the aggrieved person posts security or meets each other condition that the court considers proper.

Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section. Each application under this section shall: state the nature, purpose, and scope of the inspection; and show that: the applicant: is authorized by law to inspect the property to which access was denied; and requested access at a reasonable time; access was denied; and the inspection is for a purpose related to safety or health. 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. On application in accordance with this section, the District Court may issue an administrative search warrant.

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. Each citation under this section shall: 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. The Commissioner may establish, by regulation, procedures for issuance of a notice instead of a citation for a de minimis violation that has no direct or immediate relationship to safety or health.

Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that: 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. A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless: 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. If the Commissioner has reason to believe that an employer has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the employer a notice that: 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. Unless an employer notifies the Commissioner of an intent to contest as provided in subsection (b) 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 an employer or employee or representative of an employee submits under § 5-213 of this subtitle. An employee whom a hearing under this section affects or a representative of the employee may participate as a party in a hearing under this section. The Commissioner shall give notice and hold a hearing under this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article. An employer may choose whether a hearing under this section is to be held in: Baltimore City; the county where the violation allegedly occurred, in an office that the county provides; or an office that the Commissioner has designated as a regional office. 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: the Commissioner orders a review of the proceeding; or an employee, representative of an employee, or employer whom the report affects submits to the Commissioner a written request for a review of the proceeding. 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. 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 if an employer shows that the employer: 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: Baltimore City; or the county where: the employer has its principal office; or the violation allegedly occurred. A copy of the complaint shall be served on the Commissioner and other affected parties. In a proceeding under this section, a court may not stay an order or regulation 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. 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: shall be deemed prima facie lawful and reasonable; and 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 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: the alleged violation occurred; or the employer has its principal office. To the extent practicable, subsections (a), (b), and (c) of this section shall govern proceedings under this subsection. A court shall hear a complaint under this section expeditiously.

If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee, the authorized representative: 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: may enjoin a condition or practice at a place of employment if the condition or practice creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee; and pending the outcome of enforcement procedures under this title, may grant an injunction or temporary restraining order. 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; maintain the capacity of a continuous process operation in order to resume normal operations without stopping operation completely; or where operations must be stopped, stop an operation in an orderly and safe manner. 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.

In this section, “trade secret” means a device, formula, pattern or compilation of information that: 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. Except as provided in subsections (c) and (d) of this section, information that contains or might reveal a trade secret and is obtained by the Commissioner or an authorized representative of the Commissioner in connection with an inspection or proceeding under this title is confidential. The Commissioner may disclose information that contains or might reveal a trade secret to staff who are assigned to carry out this title. In a proceeding under this title, the Commissioner may disclose information that contains or might reveal a trade secret and is relevant if, before disclosure: 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.