About the Maryland State Plan

The state of Maryland, under agreement with OSHA, operates an occupational safety and health program in accordance with Section 18 of the Occupational Safety and Health Act of 1970. The Maryland plan was certified on February 15, 1980 and was granted final state plan approval on July 18, 1985.

The Maryland Occupational Safety and Health Program (MOSH) is part of the Maryland Division of Labor and Industry. Ron DeJuliis is currently Commissioner of Labor and Industry. Maryland OSHA is headquartered in Baltimore, Maryland and has field offices in Easton, Belair, Laurel, Baltimore, and Hagerstown.

MOSH's mission is to assure, as far as possible, safe and healthful working conditions for the two million plus working men and women in the state of Maryland. This mission is attained through implementation of multiple tools including: adoption of standards that are as effective as OSHA's standards, state-specific standards development, enforcement, human resource initiatives, compliance assistance, training and education, outreach, partnerships, alliances, voluntary protection programs, development of research and statistical targeting capabilities, a strategic management focus, and information technology strategies that track and optimize overall agency performance.

MOSH operates its programs under state law with OSHA approval, matching grants, and oversight to ensure programs are "at least as effective" as OSHA. MOSH retains the flexibility to tailor programs to address Maryland’s local issues and concerns.

Jurisdiction

MOSH has jurisdiction over all public and private sector places of employment in the state of Maryland, with the exception of federal employees, the United States Postal Service, private sector maritime activities (shipyard employment, marine terminals, and longshoring), and military bases, which are subject to federal jurisdiction. See 29 CFR 1952.215.

Regulations and Standards

In order to avoid duplication of regulatory requirements and facilitate compliance by Maryland employers, MOSH has adopted the Federal Occupational Safety and Health Standards contained in Title 29 Code of Federal Regulations Part 1910 (General Industry), Title 29 Code of Federal Regulations Part 1926 (Construction), and Title 29 Code of Federal Regulations Part 1928 (Agriculture). In addition to these federal standards, MOSH has adopted several regulations that are unique to Maryland.

Enforcement Programs

MOSH conducts a strong, fair and effective enforcement program that includes inspecting worksites and issuing citations and penalties for violations of health and safety standards. Priorities for inspections include reports of imminent danger, fatalities, catastrophes, accidents and employee complaints, investigation of whistleblower activities, referrals from other government agencies and targeted areas of concern.

The Compliance unit maintains offices in Baltimore, Belair, Easton, Hagerstown, and Laurel. A telephone paging system in effect during evening and weekend hours ensures that compliance officers are available around the clock to respond appropriately to emergency situations.

Voluntary and Cooperative Programs

• On-site Consultation Programs - MOSH offers a free consultation service, targeted at small businesses in high-hazard industries, that assists employers in identifying and correcting workplace hazards and establishing safety and health management systems.
• Cooperative Programs/Compliance Assistance - MOSH enters into voluntary relationships (VPP, SHARP, Alliances, and Cooperative Compliance Partnerships) with employers to encourage, assist, and recognize their efforts to increase worker safety and health. These programs promote effective safety and health management and leverage the agency's resources to share best practices with secondary and tertiary contractors.
• Outreach, Training and Education, and Information Services - MOSH develops and provides a broad array of outreach products and services, education and training materials and courses that promote occupational safety and health.

Policies and Procedures

The MOSH Field Operations Manual establishes the policies and procedures that govern MOSH compliance (enforcement) activities. MOSH’s program directives contain additional policies and procedures.

Informal Conferences and Appeals

A notice of violation, including a civil penalty, is a final order unless the employer files with the Commissioner a timely written notice of intent to contest. An employer who wishes to contest a citation or a proposed penalty may take the following actions:

Notice of Contest:

• An affected employer has 15 work days from receipt of a citation, excluding weekends and State holidays, in which to notify the Commissioner in writing that the employer contests the citation, proposed penalty, or both. The employer may indicate in the notice of contest whether the hearing is to be held in Baltimore City, the county where the violation allegedly occurred, or an office that the Commissioner designates as a regional office.
• An affected employee or representative may participate as a party in a hearing.
• An affected employee or representative has 15 work days after issuance of a citation, excluding weekends and State holidays, in which to notify the Commissioner, in writing, that he or she believes the period of time set in the citation for abatement of the violation is unreasonable.
• An employer may not contest a proposed abatement date, but under certain circumstances may file a written Petition for Modification of Abatement Date.

Informal Conference:

• An affected employer, or an affected employee or representative, may request an informal conference to discuss issues raised by the inspection, citation, proposed penalty, or notice of contest. A request for an informal conference does not delay the 15 workday period for filing a notice of contest.
• The Commissioner may permit an affected employer to participate in an informal conference requested by an employee or representative, and may permit an affected employee or representative to participate in an informal conference requested by the employer.

Pre-hearing Conference:

• After a notice of contest has been filed and a hearing date set, a party to the contest may request a pre-hearing conference with the Assistant Attorney General assigned to the case to exchange information, attempt to resolve or narrow the issues, or discuss settlement of the case. A request for a pre-hearing conference must be made well in advance of the scheduled hearing. A scheduled hearing ordinarily will not be postponed to allow the parties to have a pre-hearing conference.
• All parties may participate in a pre-hearing conference.

Administrative Hearing:

When a citation is contested, the Commissioner of Labor and Industry may appoint a Hearing Examiner to hold a hearing and prepare a record and report. Specific procedures govern the conduct of a MOSH administrative hearing. These procedures are set out in the MOSH Act and regulations.

A Hearing Examiner's written report becomes a final order of the Commissioner unless within 15 work days after the report is submitted, the Commissioner orders a review of the proceedings, or the employer or employee or representative files a request for the Commissioner to review the report.

Upon receipt of a request for review, the Commissioner may review the report with or without a hearing. The Commissioner may affirm, modify, or vacate a citation or proposed penalty or direct other appropriate relief.

For additional information, contact Felicia Weeks, (410) 767-2184.

Appeal of the Commissioner's Order:

A final order of the Commissioner may be appealed to the appropriate Circuit Court.

Other Resources

Maryland Occupational Safety and Health (MOSH) - Other Related Sites

MOSH also offers information in Spanish.

MOSH Publications