The General Assembly finds that: 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: buy, for use by an employee, any item of new or used asbestos protective clothing; ask or require an employee to use any item of new or used asbestos protective clothing; or keep or otherwise possess any item of new or used asbestos protective clothing at a place of employment.

In this section the following words have the meanings indicated. “Confined space” means a space that, by design: has limited openings for entry and exit; and is subject to: the accumulation of a combustible agent; an accumulation of a toxic agent; or a deficiency of oxygen. “Confined space” includes: a basin; a bin; a degreaser; a duct; a pipeline; a pit; a sewer; a silo; a tank that is enclosed or has an open top; a tub; a tunnel; a vat; a process vessel; or a reaction vessel. “Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work. A person described in § 5–101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5–101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner: 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: at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and within 24 hours after the oral notice, written notice of the maintenance work.

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. For a brief period, a qualified employee who is working alone may enter a manhole where cables or equipment are in service to: 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: has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or differs substantially from medical information that the employee falsely provides in an application for employment. An employer or other person may not discharge or otherwise discriminate against an employee because the employee: 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. Subject to subparagraph (ii) of this paragraph, an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee. The Commissioner shall accept as timely an oral complaint made by the employee under the circumstances described in subparagraph (i) of this paragraph, provided the employee submits a written complaint within 7 business days of the oral complaint and that includes the signature of the employee. 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: the county in which the alleged violation occurred; the county in which the employer has its principal office; or Baltimore City. Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.

Each employer is encouraged to provide information and incentives that promote ridesharing arrangements. 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.

Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type fitting, capped at the horizontal end, with a vertical pipe capped within 4 feet of the surface. Each sewer house connection shall be designed to optimize safety, economy, functional efficiency, and operational maintenance. Vertical pipes to be used for house connections or cleanout pipes shall be a minimum of 4 inches in diameter. The requirements of this section apply in each county and subdivision in the State for any new installation or major modification occurring on or after January 1, 1992.

Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment. 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: for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee; for a second violation, is subject to a civil penalty of $100; and for each subsequent violation, is subject to a civil penalty not less than $250. The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include: the seriousness of the violation; and any demonstrated good faith measures to comply with the provisions of this subtitle. A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article. An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation. An employee may not: make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner; in bad faith, bring an action under this subtitle; or in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle. The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.