Chapter 04. Safety Violations

To carry out this title, the state safety oversight agency (SSOA) may administer an oath, certify an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify and/or produce papers, books, documents, records, and testimony.

If a person fails to comply with a lawfully issued subpoena, on application of the SSOA or designee in a contempt proceeding, a court of competent jurisdiction may compel the person to comply.

The SSOA will investigate and take actions in accordance with COMAR 11.08.02.03 to compel compliance by the RTA with any Corrective Action Plan or order, including those corrective action plans or orders stemming from the investigation of safety events.

Nothing in this regulation shall be deemed to alter the obligation of any individual to comply with any other provisions concerning rail safety.

Safety-sensitive functions include those functions directly or indirectly affecting the safety of passengers, employees, or other people and property in and around the rail transit system. This may include frontline personnel, supervision, or management. Safety-sensitive functions include work such as operations, central control, maintenance, systems, signals, safety, and emergency response.

The SSOA may determine the length of suspension from performing safety-sensitive functions that is warranted based on the totality of the circumstances, including the specific nature of the event or events, history, and action already taken by the transit agency, its contractors, or the individual. The SSOA may set requirements that must be met prior to returning to a safety-sensitive position.

The SSOA will communicate such a suspension to the RTA and direct the RTA not to utilize the individual in safety-sensitive functions for the specified period. The RTA must communicate this suspension to the individual and to the individual’s supervisor or supervisors. The RTA must confirm that the individual and their supervisor or supervisors received this notification, provide records of this notification, and must ensure that the suspension from performing safety-sensitive functions is implemented.

The SSOA’s action to suspend an individual from performing a safety sensitive function is not a form of discipline, does not affect employment status, and does not replace or otherwise affect the transit agency’s (or its contractor’s) disciplinary processes.

If an individual is not on full duty at the time a suspension is issued, the suspension from performing a safety-sensitive function will commence the first day the employee would otherwise return to full duty. The individual is not permitted to perform any safety sensitive function until the suspension is complete.

Any suspension from safety-sensitive duties by the Maryland SSOA applies at any other Maryland rail transit system overseen by the SSOA.

An individual who has been suspended from performing safety-sensitive functions may be eligible for reinstatement prior to the expiration of the initial period of suspension if:

An RTA requesting reinstatement of an individual to perform safety-sensitive functions must do so formally in writing to the MDOT Assistant Secretary for Administration, or designee. This request must include, at minimum, confirmation by a qualified supervisor and RTA management that the individual has met the above requirements, supporting documentation, and a written explanation supporting the request for reinstatement. This may include a written statement by the suspended individual.

The Secretary of Transportation or Secretary’s designee will conduct an evaluation and advise the RTA of the determination within 30 calendar days.

A State employee wishing to file an appeal must notify the SSOA within 15 calendar days of receiving the notice of their suspension from performing safety-sensitive functions, to request an administrative hearing. Such a request does not create a stay of the suspension from performing safety-sensitive functions.

When a suspension from performing safety-sensitive functions is contested by a State employee, the SSOA will forward the matter to Maryland Office of Administrative Hearings (OAH) to set for a hearing.

The hearing will be conducted in accordance with Title 28 of the Code of Maryland Regulations (COMAR 28.02.01).

The administrative law judge’s decision is the final order of the Secretary of Transportation or Secretary’s designee.