In this subtitle, “Board” means the Occupational Safety and Health Advisory Board.
There is an Occupational Safety and Health Advisory Board in the Maryland Department of Labor.
The Board consists of the following 12 members:
as an ex officio member, the Commissioner; and
11 voting members appointed by the Commissioner with the approval of the Secretary of Labor.
Of the 11 appointed members of the Board:
1 shall represent agriculture and be recommended by the Secretary of Agriculture;
1 shall represent businesses that the Public Service Commission regulates and shall be recommended by the Chairman of the Commission;
2 shall represent health professions and be recommended by the Secretary of Health;
2 shall represent industry;
2 shall represent labor; and
3 shall represent the public.
Each appointed member shall be chosen on the basis of competence and experience in the field of occupational safety and health.
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.
The Governor may remove a member for incompetence or misconduct.
From among the public members of the Board, the Commissioner shall appoint a chairman.
The Commissioner may not vote.
The Board shall determine the times and places of its meetings.
Each appointed member of the Board is entitled to:
compensation in accordance with the State budget; and
reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this Part I of this subtitle shall terminate on July 1, 2034.
Subject to subsection (b) of this section, the Board shall advise, consult with, propose, and recommend to the Commissioner reasonable regulations:
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:
is developed by the Commissioner;
is available to the Commissioner; or
is submitted by an interested person to the Board at a public hearing held under § 5–310(d) of this subtitle.
To carry out the requirements of subsection (a) of this section with respect to public bodies, the Board shall:
give specific consideration to the workplace conditions and safety and health concerns of employees; and
recommend higher standards, if warranted.
The Commissioner, in consultation with the Secretary of Health, shall adopt regulations to implement the Bloodborne Pathogen Standard adopted by the federal Occupational Safety and Health Administration in 29 C.F.R. 1910.1030, as interpreted in the directive issued by the Occupational Safety and Health Administration on November 5, 1999.
The Commissioner shall submit notice regarding any modifications made to, or directives issued interpreting, the federal Bloodborne Pathogen Standard after November 5, 1999 and, subject to § 2–1257 of the State Government Article, make recommendations for any legislative changes to the House Health Committee, the Senate Finance Committee, and the General Assembly within 30 days of the issuance of modifications to the Bloodborne Pathogen Standard.
The Board shall propose or recommend occupational safety and health standards that:
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 local condition or customized product or part requires the application of an occupational safety and health standard that differs from a federal standard; and
applied to a product or part that is distributed or used in interstate commerce.
The Board shall include in each occupational safety and health standard that it proposes or recommends:
a requirement for the use of a label or other appropriate form of warning as necessary to ensure that each employee is apprised of:
each hazard to which the employee is exposed;
each relevant symptom of exposure;
emergency treatment appropriate for exposure; and
each proper condition and precaution for safe use or exposure;
when appropriate in connection with a hazard, a requirement for:
use of suitable protective equipment; and
control of technological procedures; and
as necessary to protect employees, a requirement to measure or monitor exposure of employees to a hazard:
at appropriate intervals;
at each appropriate location; and
in an appropriate manner.
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 or Commissioner may appoint a special committee, composed of employees, employers, experts, and at least 1 member of the general public, to help the Board to develop its recommendations on proposed regulations.
The Board may use the advice and help of any individual or entity with special knowledge about a recommendation that the Board is considering.
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.
The Board shall submit to the Commissioner, with each recommendation for a proposed regulation, a report that:
explains the need for the proposed regulation; and
summarizes the information available to the Board, including:
testimony that was presented at any public hearing; and
technical information.
To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article.
If, after receipt of a recommendation from the Board, the Commissioner decides to adopt the proposed regulation, within 45 days after the Board submits the recommendation, the Commissioner shall initiate the process for publishing and issuing the proposed regulation.
A public hearing is not required to adopt, by reference, a proposed regulation that is identical to:
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.
The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner determines that the delay is necessary to ensure that employers whom the regulation affects know about and have an opportunity to familiarize employees with the requirements of the regulation.
Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle 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 occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of:
a new hazard; or
exposure to an agent or circumstance determined to be toxic or physically harmful.
An emergency occupational safety and health standard adopted under this section 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 occupational safety and health standard by another regulation.
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.
An employer who is affected by a regulation adopted to carry out this title may apply to the Commissioner for a temporary or permanent variance from the regulation or a part of the regulation.
An applicant for a temporary variance shall apply before the effective date of the regulation or part of a regulation from which the temporary variance is sought.
An application for a temporary variance shall:
specify the regulation or part of a regulation from which the temporary variance is sought;
contain a representation by the employer supported by the representation of qualified individuals with personal knowledge of the facts stated in the application that the employer is unable to comply with the regulation or part;
explain, in detail, each reason for the inability to comply;
describe each step that the employer has taken and will take:
to comply with the regulation or part; and
until then, to protect employees against the hazard that the regulation or part covers;
state the date on which the employer took or will take each step listed under item (4) of this section;
state the date on which the employer expects to be able to comply with the regulation or part;
contain a certification that the employer has complied with § 5-321(a) of this subtitle;
state the manner in which the employer complied with § 5-321(a) of this subtitle; and
advise employees that any employee may ask the Commissioner to hold a hearing on the application.
An applicant for a temporary variance shall:
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.
An applicant for a permanent variance shall give each employee whom the variance would affect notice:
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 Commissioner shall hold a hearing on an application for a temporary variance on request of:
the applicant; or
an employee whom the temporary variance would affect.
The Commissioner:
shall hold a hearing on each application for a permanent variance; and
if appropriate, shall conduct an inspection.
The Commissioner shall give employees whom the permanent variance would affect an opportunity to participate in the hearing.
To qualify for a temporary variance, an applicant shall establish that the applicant:
is unable to comply with a regulation or part of a regulation, by its effective date, because:
equipment, material, or professional or technical staff that is needed to comply is unavailable; or
alteration or construction of a facility that is needed to comply cannot be completed by the effective date;
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.
To qualify for a permanent variance, an applicant shall show, by a preponderance of the evidence, that the applicant will maintain conditions, means, methods, practices, procedures, or operations that make employment and places of employment at least as safe and healthful for employees as they would be if the applicant complied with the regulation from which the permanent variance is sought.
In addition to the bases under subsections (a) and (b) of this section, the Commissioner may grant an employer a variance from a regulation or part of a regulation if the Commissioner:
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 may pass 1 interim order for a temporary variance from a regulation.
An interim order under this section is effective until the Commissioner makes a determination on an application for a temporary variance.
The Commissioner shall pass an order that grants an employer a temporary variance if:
the employer submits an application in accordance with §§ 5-319 and 5-320 of this subtitle;
the employer gives notice to employees in accordance with § 5-321(a) of this subtitle;
the Commissioner holds any hearing required under § 5-322(a) of this subtitle; and
the Commissioner determines that the employer has met the requirements of § 5-323(a) of this subtitle.
The Commissioner shall pass an order that grants an employer a permanent variance if:
the employer submits an appropriate application;
the employer gives notice to employees in accordance with § 5-321(b) of this subtitle;
the Commissioner holds a hearing and conducts an appropriate inspection under § 5-322(b) of this subtitle; and
the Commissioner determines that the employer has met the requirements of § 5-323(b) of this subtitle.
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.
Unless an order for a temporary variance from a regulation or part of a regulation is renewed as provided in this section, the order may not be in effect for longer than:
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:
submits an application for renewal to the Commissioner at least 90 days before the date on which the order is to expire; and
meets the requirements of this subtitle for granting a temporary variance.
A renewal under this subsection may not remain in effect for more than 180 days.
The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner’s own initiative and after a hearing.
If at least 6 months have elapsed since the Commissioner granted the permanent variance, on an application of an employee or employer and after a hearing, the Commissioner may modify or revoke the permanent variance.
The Commissioner shall adopt regulations that provide:
for a consultation program that conforms to federal law and regulations (29 C.F.R. Part 1908);
that, unless the employer fails to correct or abate a hazard identified during a consultation inspection within the time allowed in the consultation report, the employer will not receive a citation or penalty for a hazard identified during the consultation inspection; and
to the extent allowed by federal law and regulations, for an exemption not to exceed 2 years from general schedule inspection for an employer who, in accordance with the Commissioner’s regulations, uses the consultation program provided by the Division of Labor and Industry.