Maryland Occupational Safety and Health Act (Private Sector) Poster

MARYLAND	
OCCUPATIONAL	
SAFETY and HEALTHACT	safety
and
health
protection
on the
job	
ADDITIONAL INFORMATION AND COPIES OF THE ACT, SPECIFIC
MARYLAND OCCUPATIONAL SAFETY AND HEALTH STANDARDS, AND OTHER APPLICABLE REGULATIONS MAY BE OBTAINED FROM	
THE COMMISSIONER OF LABOR AND INDUSTRY
1100 North Eutaw Street
Baltimore, Maryland 21201 Phone: 410-767-SAFE	
Complaints about State Program administration may be made to Regional Ad\
ministrator,
Occupational Safety and Health Administration, The Curtis Center, Suite 740 West,
170 S. Independence Mall West, Philadelphia, PA 19106-3309	
The Maryland Occupational Safety and Health
Act of 1973 provides job safety and health
protection for workers through the promotion of
safe and healthful working conditions
throughout the State. Requirements of the Act
include the following:	
Employers:	Each employer shall furnish to each of his or
her employees employment and a place of
employment free from recognized hazards that
are causing or are likely to cause death or
serious harm to employees; and shall comply
with occupational safety and health standards
issued under the Act.	
Employees:	Each employee shall comply with all
occupational safety and health standards, rules,
regulations and orders issued under the Act that
apply to his or her own actions and conduct on
the job.
The Commissioner of Labor and Industry has
the primary responsibility for administering the
Act and issuing occupational safety and health
standards. MOSH Safety and Health Inspectors
conduct jobsite inspections to ensure
compliance with the Act.	
Inspection:	The Act requires that a representative
authorized by the employees be given an
opportunity to accompany the MOSH Inspector
for the purpose of aiding the inspection.
Where there is no authorized employee
representative, the MOSH Inspector shall
consult with a reasonable number of employees
concerning safety and health conditions in the
workplace.	
Complaint:	Employees or their representatives have the
right to file a complaint with the Commissioner
requesting an inspection if they believe unsafe
or unhealthful conditions exist in their
workplace. The Commissioner will withhold
names of employees complaining on request.
The Act provides that employees may not be
discharged or discriminated against in any way
for filing safety and health complaints or
otherwise exercising their rights under the Act.
An employee who believes he or she has been
discriminated against may file a complaint with
the Commissioner and/or the Federal
Occupational Safety and Health Administration
Regional Office within 30 days of the alleged
discrimination.	
Citation:	If upon an inspection the Commissioner
believes an employer has violated the Act, a
citation alleging such violations shall be issued
to the employer. Each citation shall specify a
time period within which the alleged violation
must be corrected.
The MOSH citation must be prominently
displayed at or near the place of alleged
violation for three days, or until it is corrected,
whichever is later, to warn employees of
dangers that may exist there.	
Proposed
Penalty:	
The Act provides for mandatory civil penalties
against employers of up to $7,000 for each
serious violation and for optional penalties of up
to $7,000 for each nonserious violation. Civil
penalties of up to $7,000 per day may be
proposed for failure to correct violations within
the proposed time period. Also, any employer
who willfully or repeatedly violates the Act may
be assessed civil penalties of up to $70,000 for
each such violation.
Criminal penalties are also provided for in the
Act. Any willful violation resulting in death of an
employee, upon conviction, is punishable by a
fine of not more that $10,000 or by
imprisonment for not more than six months, or
by both. Conviction of an employer after a first
conviction doubles these maximum penalties.	
Voluntary
Activity:	
While providing penalties for violation, the Act
also encourages efforts by labor and
management to reduce injuries and illnesses
arising out of employment. The Commissioner
of Labor and Industry encourages employers
and employees to reduce workplace hazards
voluntarily and to develop and improve safety
and health programs in all workplaces and
industries.
Such cooperative action would initially focus on
the identification and elimination of hazards that
could cause death, injury, or illness to
employees and supervisors. There are many
public and private organizations that can
provide information and assistance in this effort,
if requested.	
PRIVATE SECTOR	
MOSH TRAINING and EDUCATION
10946 Golden West Drive, Suite 160 Hunt Valley, Maryland 21031Phone: 410-527-2091