Maryland Administrative Code

.04 Written Notice of Violation. A. The Commissioner or the agent of the Commissioner shall issue a written notice to any person who operates a tower crane without a certificate of competence. B. The notice shall: (1) Be in writing; (2) Describe with particularity the nature of t…

.01 Purpose. The purpose of this chapter is to provide a safe work environment for employees engaged in tree care including, but not limited to, cutting, pruning, or other work on a standing tree as well as tree removal.

.02 Scope. A. This chapter covers safety requirements for tools and equipment and the safe work practices used in tree care and the removal of trees, including any portion thereof. B. This chapter applies to construction, demolition, and general industry. C. Where provisions of t…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Anti-two block device” means a device attached to a crane which prevents the lower load block or hook assembly from contacting the upper load block or boom point sheave as…

.04 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) ANSI Z133.1-2006 American National Standard for Arboricultural Operations—Safety Requirements, as amended. (2) ANSI/ASSE Z359.0-2007 Definitio…

.05 General Requirements. A. All work to be performed shall be consistent with the Maryland Department of Natural Resources licensing requirements for a licensed tree expert. B. All equipment used in tree care and tree removal shall be used consistent with the manufacturer’s spec…

.06 Work Practices. A. The following work practices shall be implemented: (1) Communication between employees aloft and on the ground shall be established before cutting and dropping limbs; (2) Scabbards or sheaths shall be used to carry handsaws when not in use; (3) Folding saws…

.07 Training. A. Training shall be provided for each employee at no cost. B. The training shall be provided: (1) As soon as possible, but not later than 6 months from the effective date of this chapter, for initial training for each current and new employee; (2) Prior to initial …

.01 Documents Incorporated by Reference. A. In General. (1) All provisions of 29 CFR §§1910 and 1926 that appear in the Federal Register through February 2, 1973 are adopted by reference. Effective date: March 7, 1973 (2) All amendments and revisions to 29 CFR §§1910 and 29 CFR 1…

.01 Purpose. The purpose of this chapter is to establish minimum requirements for employers to protect employees from heat-related illness caused by heat stress in the workplace.

.02 Scope. A. This chapter applies to an employer with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80 degrees Fahrenheit. B. This chapter does not apply to: (1) Emergen…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acclimatization” means the body's temporary adaptation to work in heat that occurs as a person is exposed over time. (2) “Alternative cooling and control measures” means e…

.04 Heat-Related Illness Prevention and Management Plan. A. An employer shall monitor the heat index throughout the work shift in areas where employees perform work using one of the following methods: (1) Direct measurement of the temperature and humidity at the same time and loc…

.05 Acclimatization. A. An employer shall provide for acclimatization of exposed employees for a period of up to 14 days: (1) When an employee is newly exposed to heat in the workplace; and (2) When an employee returns to work after 7 or more consecutive days of absence from the …

.06 Shade Access. A. Except as provided in §§C and D of this regulation, an employer shall provide shaded areas to exposed employees as close to the work area as practicable. B. Shaded areas shall: (1) Be outside, open, and exposed to air on at least three sides; (2) Prevent cont…

.07 Drinking Water. A. An employer shall: (1) Provide drinking water at no cost to exposed employees as close to the work area as practicable; and (2) Make available at least 32 ounces of drinking water per hour to each exposed employee per work day. B. An employer is not require…

.08 High-Heat Procedures. A. An employer shall implement high-heat procedures when the heat index reaches or exceeds 90 degrees Fahrenheit in the area where the work is being performed. B. The high-heat procedures shall include a work and rest schedule to protect employees from h…

.09 Emergency Response. An employer shall implement an emergency response plan that includes procedures for:\ A. Ensuring effective and accessible means of communication at all times at the worksite to enable an employee to contact a supervisor or emergency medical services; B. R…

.10 Training. A. An employer shall: (1) Provide initial heat stress training to employees and supervisors covered by this chapter prior to an employee’s first exposure to heat; (2) Re-train employees and supervisors at least: (a) Annually prior to exposure; and (b) Immediately fo…

.01 Purpose. The requirements in this chapter supplement the provisions of Labor and Employment Article, § 5-401--5-410, Annotated Code of Maryland.

.02 Chemical Information List. A. The employer compiling a chemical information list shall ensure that: (1) The complete name and business address of the employer submitting the list, the name and telephone number of a contact person, and the date of preparation or revision is no…

.01 Scope. This chapter applies to any agricultural establishment where employees perform hand-labor operations in the field.

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Agricultural employer” means any person, corporation, association, or other legal entity that: (a) Owns or operates an agricultural establishment; (b) Contracts with the owner or operator …

.03 Requirements. A. Agricultural employers shall provide potable drinking water and toilet and handwashing facilities in accordance with this standard for employees engaged in hand-labor operations in the field, without cost to the employee. B. Potable Drinking Water. (1) The ag…

.01 Scope. This chapter applies to the design, construction, testing, use, and maintenance of personnel platforms, and the hoisting of personnel platforms on the load lines of cranes, derricks, and hoists.

.02 Definitions. A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “Competent designated person” means a knowledgeable person approved or assigned by the employer who has the authority to take prompt corrective measures to eliminate i…

.03 Restricted Use. A. Except when the erection, use, and dismantling of conventional means of reaching the worksite, such as a personnel hoist, ladder, stairway, aerial lift, elevating work platform, or scaffold either would be more hazardous, or is not possible because of struc…

.04 Operational Criteria. A. Free fall is prohibited. B. The use of machines having live booms is prohibited. C. A jib, boom extension, or similar attachment may not be used to hoist a personnel platform. D. Except where the electrical distribution, transmission, and service line…

.05 Instruments and Components. A. A crane with variable angle booms shall be equipped with a boom angle indicator, readily visible to the operator. B. A crane with telescoping booms shall be marked or equipped with a device to indicate clearly to the operator at all times the bo…

.06 Personnel Platforms. A. Design Criteria. (1) A personnel platform and suspension system shall be designed by a qualified engineer or a qualified person competent in structural design. (2) Before a rigid suspension system is used with a personnel platform, the suspension syste…

.07 Rigging. A. When a wire rope bridle is used to connect the personnel platform to the load line, each bridle leg shall be connected to a master link or shackle in such a manner to ensure that the load is evenly divided among the bridle legs. B. A hook on an overhaul ball assem…

.08 Trial Lift. A. Mobile Cranes. (1) A trial lift with the unoccupied personnel platform loaded at least to the weight of the maximum intended load shall be: (a) Made from ground level, or any other location where employees will enter the platform, to each location to which the …

.09 Prooftesting of Platform and Rigging. A. An employer may not hoist employees on a personnel platform until the following prooftesting requirements are satisfied. B. The platform and rigging shall be prooftested to 125 percent of the platform's rated capacity. C. Prooftesting …

.10 Certification Record. A. The employer shall prepare a certification record which includes: (1) The date the personnel platform items were inspected; (2) The signature of the person who inspected the personnel platform items; (3) A serial number, or other identifier, for the p…

.11 Work Practices. A. Except for an occupant of the platform performing the duties of a signal person, employees shall keep all parts of the body inside the platform during raising, lowering, and positioning. B. When employees are to exit or enter a hoisted personnel platform th…

.12 Traveling. A. Except for a crane which travels on a fixed track, while a crane is traveling it may not be used to hoist an employee. B. When using a crane that travels on a fixed track, an employer may hoist employees on a personnel platform while the crane is traveling, upon…

.13 Prelift Meeting. A prelift meeting shall be: A. Held to review the appropriate requirements of this chapter and the procedures to be followed; B. Held before each trial lift; C. Repeated for any employee newly assigned to the operation; and D. Attended by the crane or hoist o…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Employer Complaint to Dispute Lien for Unpaid Wages” means the complaint filed by an employer in circuit court to dispute a Notice to Employer of Intent to Claim Lien for …

.02 Notice of Claim for Unpaid Wages. A. An employee shall serve his or her employer with a Notice to Employer of Intent to Claim Lien for Unpaid Wages on a form that contains the information specified in §B of this regulation, a sample of which may be found on the Department’s w…

.03 Employer Complaint to Dispute Notice to Employer of Intent to Claim Lien for Unpaid Wages. A. An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where the property of the employer is located. B. The complaint disputing a …

.04 Wage Lien Statement. A Wage Lien Statement shall include the following: A. A description of the property; B. The name of the property owner; C. The monetary amount of the lien; D. A copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages and proof of service o…

.05 Recording Lien. If an employer does not dispute a Notice to Employer of Intent to Claim Lien for Unpaid Wages or if a court orders the establishment of a lien, an employee may record the Wage Lien Statement together with proof of service.

.01 Scope. This chapter applies to construction services and landscaping services.

.02 Notice. A. If an employer contracts with an individual and classifies that individual as an independent contractor or an exempt person, the employer shall complete the information required by §A(9) of this regulation and provide the individual with a “Notice to Independent Co…

.03 Record Keeping. A. For each independent contractor and exempt person hired, an employer shall retain the following records at the work site or at its place of business: (1) A statement with a description of the employer's usual course of business or a fully executed copy of t…

.04 Evidence of a Knowing Violation. A. The Commissioner may consider evidence, as provided in §B of this regulation, that an employer knowingly failed to properly classify an employee. B. The evidence shall include the following: (1) Any previous violation of the Workplace Fraud…

.05 Landscaping Illustrations. A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law. B. The illustrations in §§C—E of this regulation, provide guidance for the landscaping services industry …

.06 Construction Illustrations. A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law. B. The illustrations in §§C—J of this regulation provide guidance for the construction services industry…

.01 Administrative Capacity. “Administrative capacity” has the meaning stated in 29 CFR §541.200 et seq.

.02 Agriculture. “Agriculture” means work performed by a farmer or on a farm as an incident to or in conjunction with farming operations, such as: A. The cultivation and tillage of soil, including grading, rock removal, building terraces, irrigation, and fertilization; B. The pro…