# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

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

**Authority:** Labor and Employment Article, §§2-106(b)(5), 5-312, and 5-702—5-704, Annotated Code of Maryland

**Administrative History:** Effective date: July 5, 1993 (20:13 Md. R. 1047)

**Administrative History:** Regulation .09A amended effective January 15, 1996 (23:1 Md. R. 23)

**Administrative History:** Regulation .09B amended effective August 29, 1994 (21:17 Md. R. 1439)

**Administrative History:** Regulation .10 adopted effective June 30, 1997 (24:13 Md. R. 930)

**Administrative History:** Regulations .01—.10 repealed and new Regulations .01—.04 adopted as an emergency provision effective February 12, 2002 (29:5 Md.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)

**Administrative History:** Regulation .01 amended effective June 8, 2026 (53:11 Md. R. 484)

**Administrative 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)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective September 7, 2020 (47:18 Md. R. 824)

**Administrative History:** Regulation .02C adopted effective June 8, 2026 (53:11 Md. R. 484)

**Administrative History:** Regulation .04 amended effective June 8, 2026 (53:11 Md. R. 484)

#### Regulation .01 Purpose.

*COMAR 09.12.21.01*

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.

*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.”

#### Regulation .03 Survey.

*COMAR 09.12.21.03*

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.

*COMAR 09.12.21.04*

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.