Chapter 21. Employee Injury and Illness Records and Reports
Regulation .01 Purpose.LinkCopy Citation
This chapter establishes the requirements for employers in Maryland to record and report work-related fatalities, injuries, and illnesses in accordance with federal and State law, regulations, and procedures.
Regulation .02 Incorporation by Reference.LinkCopy Citation
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.”
Regulation .03 Survey.LinkCopy Citation
Upon receipt of an Occupational Injuries and Illnesses Survey form, an employer shall promptly complete and return the form in accordance with the instructions.
Regulation .04 Variance Procedure for Record Keeping.LinkCopy Citation
Private Sector Employers. MOSH may not issue a variance to a private sector employer and shall recognize all variances issued by the federal Occupational Safety and Health Administration.
Chapter annotations
Authority: Labor and Employment Article, §§2-106(b)(5), 5-312, and 5-702—5-704, Annotated Code of Maryland
History: Effective date: July 5, 1993 (20:13 Md. R. 1047)
History: Regulation .09A amended effective January 15, 1996 (23:1 Md. R. 23)
History: Regulation .09B amended effective August 29, 1994 (21:17 Md. R. 1439)
History: Regulation .10 adopted effective June 30, 1997 (24:13 Md. R. 930)
History: Regulations .01—.10 repealed and new Regulations .01—.04 adopted as an emergency provision effective February 12, 2002 (29:5 Md. R. 499); adopted permanently effective May 13, 2002 (29:9 Md. R. 744)
History: Regulation .01 amended effective June 8, 2026 (53:11 Md. R. 484)
History: Regulation .02B, C amended effective February 17, 2003 (30:3 Md. R. 179); January 5, 2004 (30:26 Md. R. 1913); January 2, 2017 (43:26 Md. R. 1444)
History: Regulation .02 repealed and new Regulation .02 adopted effective September 7, 2020 (47:18 Md. R. 824)
History: Regulation .02C adopted effective June 8, 2026 (53:11 Md. R. 484)
History: Regulation .04 amended effective June 8, 2026 (53:11 Md. R. 484)