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Contact Information |
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Maryland Division of Labor and Industry
Ron DeJuliis, Commissioner
1100 North Eutaw Street, Room 606
Baltimore, Maryland 21201-2206
PH: (410) 767-2241
FAX: (410) 767-2986
Maryland Occupational Safety and Health (MOSH)
Eric Uttenreither, Assistant Commissioner
10946 Golden West Drive, Suite 160
Hunt Valley, MD 21031
PH: (410) 527-4447
FAX: (410) 527-4495
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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 Hunt Valley, Maryland and has field offices in Easton 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 Easton, Hunt Valley, and Hagerstown.
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
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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, 410-527-4454.
Appeal of the Commissioner's Order:
A
final order of the Commissioner may be appealed to the
appropriate Circuit Court.
Other Resources
MOSH – Research and Statistics
MOSH also offers information in Spanish.
MOSH Publications
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
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