# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 21 — Employee Injury and Illness Records and Reports

#### Regulation .02 Incorporation by Reference.

*COMAR 09.12.21.02*

In this chapter, Recording and Reporting Occupational Injuries and Illnesses, 29 CFR Part 1904 (2019), is incorporated by reference as amended with the following changes.

A. Wherever the words:

  (1) “OSH Act” appear, substitute “Maryland Occupational Safety and Health Act”;

  (2) “Occupational Safety and Health Administration (OSHA), U.S. Department of Labor” appear, substitute “MOSH”;

  (3) “OSHA” appear, substitute “MOSH” for “OSHA” except for references to “OSHA injury and illness records”;

  (4) “Section 11(c) of the Act” appear, substitute “§5-604 of the Maryland Occupational Safety and Health Act”;

  (5) “OSHA Area Office” appear, substitute “MOSH Central Office”;

  (6) “your local OSHA Area Office director” appear, substitute “the MOSH Assistant Commissioner”;

  (7) “OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321- 6742)” appear, substitute “MOSH Central Office toll-free telephone number, 1-800-759-6297”; and

  (8) “www.osha.gov” appear, substitute “www.labor.maryland.gov/labor/mosh/”.

B. In 29 CFR §1904.39(a)(2), where the words “an employee’s amputation” appear substitute “an employee’s amputation involving bone or cartilage loss”.

C. In 29 CFR §1904 Subpart B – Scope, add “Note to Subpart B for Public Bodies: all exclusion or exemptions from the scope of 29 CFR §1904.1—.3, including Appendix A to Subpart B, only apply to private sector establishments; all public bodies, regardless of size or industry, shall comply with the recording and reporting requirements in 1904.”