Maryland Administrative Code

.16 Hearings — Determination and Review. A. Within a reasonable time after the hearing examiner has heard and considered all evidence, written briefs, and memoranda, the hearing examiner shall: (1) Issue a written determination which: (a) Is dated, (b) Summarizes testimony and ex…

.17 Variances. A. Effect of Variance. A variance granted under the Act and regulations adopted under the Act has only future effect. B. Temporary Variance. (1) Application. (a) An affected employer seeking a temporary variance shall file with the Commissioner, or the Commissioner…

.18 Adoption, Amendment, or Repeal of a Regulation. A. An interested person may file with the Commissioner a petition for the adoption, amendment, or repeal of a regulation or standard. B. A petition shall be in writing and shall: (1) Identify the regulation proposed for adoption…

.19 Repealed.

.20 Petition for Modification of Abatement Date. A. An employer may file a petition for modification of abatement date (PMA) when the employer has: (1) Made a good faith effort to comply with the abatement requirements of a citation; and (2) Not completed abatement because of fac…

.21 Abatement Verification. A. In this regulation, the following terms have the meanings indicated: (1) “Abatement” means action by an employer to: (a) Comply with a cited standard or regulation; or (b) Eliminate a recognized hazard identified by MOSH during an inspection. (2) “A…

.01 Purpose. A. 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. B. This chapter establishes partial exemptions for empl…

.02 Incorporation by Reference. In this chapter, Recording and Reporting Occupational Injuries and Illnesses, 29 CFR Part 1904 (2019), is incorporated by reference with the following changes: A. Wherever the words: (1) “OSH Act” appear, substitute “Maryland Occupational Safety an…

.03 Survey. Upon receipt of an Occupational Injuries and Illnesses Survey form, an employer shall promptly complete and return the form in accordance with the instructions.

.04 Variance Procedure for Record Keeping. A. State or Local Government Employers. The Commissioner shall consider an application for variance from the record keeping and reporting requirements by a State or local government employer consistent with COMAR 09.12.20.17, and subject…

.01 Purpose. The purpose of this chapter is to protect the substantial privacy interests involved in employee medical records by ensuring that: A. The Commissioner or the Commissioner's authorized representative will exercise authority to gain access to personally identifiable em…

.02 Scope and Application. A. Except as provided in §B of this regulation, this chapter applies to a request by MOSH inspection personnel to access records for the purpose of examining or copying personally identifiable employee medical information, whether or not the request is …

.03 Definition. A. The definitions set forth in COMAR 09.12.20 apply to this chapter. B. For the purpose of this chapter, “personally identifiable employee medical information”: (1) Means employee medical information accompanied by either: (a) Direct identifiers, including: (i) N…

.04 Responsible Individuals. A. The Commissioner or the Commissioner's authorized representative is responsible for the overall administration and implementation of the procedures contained in this chapter, including making a final determination concerning: (1) Access to personal…

.05 Written Access Orders. A. Requirements. (1) Except as provided in §D of this regulation, a request by a MOSH representative to examine or copy personally identifiable employee medical information contained in a record held by an employer or other record holder shall be made i…

.06 MOSH Use of Personally Identifiable Employee Medical Information. A. Whenever practicable, the examination of personally identifiable employee medical information shall be performed onsite with a minimum of medical information taken offsite in a personally identifiable form. …

.07 Security Procedures. A. MOSH Files. (1) MOSH files containing personally identifiable employee medical information shall be segregated from other MOSH files. (2) When not in active use, files containing personally identifiable employee medical information shall be kept secure…

.08 Retention and Destruction of Records. A. Consistent with Maryland records retention programs, personally identifiable employee medical information and lists of coded direct personal identifiers shall be destroyed or returned to the original record holder when they are no long…

.09 Results of Analysis Using Personally Identifiable Employee Medical Information. If appropriate, the medical records officer shall communicate the results of a MOSH analysis using personally identifiable employee medical information to employees whose personal medical informat…

.10 Annual Report. A. On an annual basis, the medical records officer shall review MOSH experience under this chapter during the previous year, and prepare a report to the Commissioner, which shall be made available to the public. B. The report shall discuss: (1) The number of wr…

.11 Inter-Agency Transfer and Public Disclosure. A. Except when required by law or when approved by the Commissioner, personally identifiable employee medical information may not be: (1) Transferred to an agency or office other than MOSH, except to an assistant attorney general a…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Indoor place of employment” includes, but is not limited to: (a) An indoor work area; (b) A vehicle other than a private vehicle as used in Health-General Article, §24-505…

.02 Exclusions. This chapter does not apply to: A. Private homes; B. Residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, …

.03 Employer Requirements. An employer shall: A. Ensure that in an indoor place of employment there is no smoking; and B. Post at each entrance to an indoor place of employment a sign stating that smoking is not permitted.

.04 Interpretation. This chapter may not be construed to prevent an employer from prohibiting smoking in areas not covered by Labor and Employment Article §5-608(a), Annotated Code of Maryland.

.01 Purpose. A. This chapter provides for the conduct of Maryland's Occupational Safety and Health (MOSH) Consultation Program in accordance with federal law, regulations, and procedures. B. This chapter establishes the conditions under which an employer may be granted an exempti…

.02 Establishment. A. There is in the Occupational Safety and Health unit of the Division of Labor and Industry a MOSH Consultation Program. B. Service of the Program is available only upon request by the employer.

.03 Scope of Request. A. Availability of Services. (1) The MOSH Consultation Program shall provide on-site and off-site consultation services in accordance with this chapter. (2) Consultation services are available from the Division of Labor and Industry only through the MOSH Con…

.04 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) The following sections of Consultation Agreements, 29 CFR 1908 (October 26, 2000): (a) 29 CFR §1908.2; (b) 29 CFR §1908.4; (c) 29 CFR §1908.5,…

.05 Recognition and Exemption. A. The recognition and exemption program shall be known as the Safety and Health Achievement Recognition Program (SHARP). B. The authority to approve an employer for SHARP rests with the Commissioner of Labor and Industry. C. To be eligible for cons…

.06 Pre-SHARP Status. A. Employers that do not meet the SHARP requirements, but that exhibit a reasonable promise of achieving agreed upon milestones and time frames for SHARP participation, may be granted pre-SHARP status by the Commissioner of Labor and Industry. B. Pre-SHARP s…

.07 Participation in SHARP and Pre-SHARP. A. Relocation and Change in Ownership. (1) Eligibility for participation in SHARP and pre-SHARP may be affected by relocation and change in ownership. (2) Employers planning to relocate their facilities within the State shall notify the c…

.08 Rate Calculations. A. Annual Rate Formula. (1) Annual rates are calculated by the formula (N/EH) × 200,000 where: (a) N = Sum of the number of recordable injuries and illnesses in the year; (b) EH = Total number of hours worked by all employees in the year; and (c) 200,000 = …

.09 Sample Calculations. A. Scenario. (1) A safety and health consultant visited a machine shop, NAICS 33271 and SICS 3599, and recorded the following OSHA 300 Log information: Year Number of Employees HoursWorked ColumnH ColumnI ColumnJ 2005 5 10,000 0 1 0 2004 7 14,000 0 0 0 20…

.01 Scope. This chapter applies to the steel erection activities set forth in 29 CFR §1926.750.

.02 Requirements. Except for connectors and employees performing leading edge work in a controlled decking zone, fall protection requirements for employees performing steel erection activities, from a location between 10 feet up to and including 15 feet in height are provided for…

.01 Purpose. The purpose of this chapter is to prevent incidents that result in property damage, injury, and death, related to the operation of cranes when used in construction and demolition.

.02 Scope. A. Except as provided in §C of this regulation, this chapter applies to power operated equipment, when used in construction and demolition, that can hoist, lower, and horizontally move a suspended load. B. This chapter applies to all crane operators, signal persons, ri…

.03 Definitions. A. The definitions set forth in 29 CFR §1926.1401 apply to this chapter. B. For the purpose of this chapter, the following terms have the meanings indicated. (1) “ANSI” means the American National Standards Institute. (2) “ASME” means the American Society of Mech…

.04 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) 29 CFR §1926.1402, except (f); (2) 29 CFR §1926.1403; (3) 29 CFR §1926.1404; (4) 29 CFR §§1926.1405 and 1926.1406; (5) 29 CFR §1926.1407; (6) …

.05 Drug and Alcohol Free Workplace and Substance Abuse Policy. A. An employer who employs individuals within a safety sensitive position shall have a drug and alcohol free workplace and substance abuse policy as required by this regulation. B. The Commissioner designates crane o…

.06 Crane Operator Requirements. A. Except as provided in §B of this regulation, an employer shall ensure that prior to operating equipment under this chapter, a person is qualified or certified in accordance with this regulation. B. The crane operator qualification or certificat…

.07 Crane Operator Trainee Requirements. A. An employee who is not qualified or certified under Regulation .06 of this chapter is permitted to operate a crane as a crane operator trainee only where the requirements of this section are met. B. An employer shall ensure compliance w…

.08 Rigger and Rigging Requirements. A. An employer shall ensure that all rigging has been inspected and is used in accordance with the rigging manufacturer’s limitations and requirements. B. An employer shall ensure the following: (1) That each rigger is trained and meets the qu…

.09 Record Keeping. A. An employer shall maintain a written record of the training for each crane operator, signal person, rigger, and crane operator trainee. B. Training Records. (1) All training records shall be maintained for 3 years after the end of the individual’s employmen…

.10 Special Lifts. A. An employer shall ensure that each time a special lift occurs all rigging operations are under the direct supervision of a master/lead rigger. B. An employer shall ensure that, prior to the commencement of work, all rigging used in special lifts is inspected…

.11 Tower Cranes. A. An employer shall ensure that prior to the erection or modification of any tower crane or supporting structure, a qualified person shall determine the appropriate and safe method to integrate, assemble, and erect the tower crane for that site. B. The employer…

.01 Scope. This chapter applies to tower crane operators.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Certificate of competence” means certification that is obtained by a person through any organization accredited by the American National Standards Institute or the Nationa…

.03 Tower Crane Operations. To operate a tower crane, a crane operator is required to have a certificate of competence.