(a) In this title the following words have the meanings indicated. (b) “Commissioner” means the Commissioner of Labor and Industry. (c) (1) “Employee” includes each person in the service of a railroad who performs for the railroad any work defined as work of an employee in accordance with orders and decisions of the federal Department of Transportation and over […]
It is the intent and purpose of this title to promote safety and health in all areas of railroad operations, to reduce railroad related accidents, to reduce deaths and injuries to all persons, to reduce damage to property caused by accidents involving railroads, and to the extent possible, to assure the safety and health of […]
This title does not apply to any acceptable working conditions defined in a collective bargaining agreement.
(a) The Commissioner shall: (1) administer and enforce the provisions of this title; (2) adopt regulations to establish rules of procedure for hearings held in accordance with this title; (3) establish record keeping and reporting procedures necessary to carry out the duties created under this title; (4) accept and receive from any agency or agent of the federal government grants […]
For any construction within 8 feet 6 inches laterally from the center line of a railroad track or within 22 feet above the top of the rail, the application for a building permit must be accompanied by a clearance certificate from the Commissioner to show that the proposed construction complies with requirements relating to distance […]
(a) (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Public Service Commission to cover the cost of administering this title. (2) Unless the Board of Public Works exercises the option under subsection (b) of this section, the Public Service Commission shall pay the cost of administering this title from […]
On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title; (2) subject to § 3-302 of the State Finance and Procurement Article, to collect a civil penalty that is assessed by order of the […]
(a) As necessary, the Commissioner shall adopt appropriate health and safety standards and other regulations relating to: (1) sanitation on railroad property as it affects the health of railroad employees, including clerical employees, engine workers, express employees, freight house employees, highway crossing watchmen, maintenance of way employees, platform employees, train workers, and yard workers; and (2) all other […]
(a) This section does not apply to a locomotive that is used only for yard–switching service. (b) (1) The Commissioner may adopt regulations that regulate the sanitary condition of locomotives. (2) Regulations adopted under this subsection shall require basic health and safety standards, in accordance with regulations adopted by the Maryland Department of Health, for drinking water and toilet […]
(a) A railroad company may not transport an employee to or from work on a caboose or locomotive unless the railroad company provides a fixed seat with a back support for the employee. (b) To protect the health and safety of employees, a railroad company shall: (1) install and maintain water or chemical toilet facilities on each caboose […]
(a) (1) This section does not apply to designated cleanout and repair tracks. (2) To provide employees a reasonably safe place to work, each railroad company shall keep and maintain free from debris and vegetation that unreasonably affects employee safety the margins alongside yard tracks and sidetracks where employees are required to walk frequently in the course of […]
(a) The Commissioner shall allow variances in accordance with this section. (b) Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title. (c) After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under […]
(a) The Commissioner shall conduct inspections and investigations in accordance with this section. (b) (1) The provisions of this section apply to each railroad establishment, site, plant, workplace, place of employment, environment, or other area. (2) The Commissioner or authorized representative of the Commissioner may enter a railroad area without delay at any reasonable time to: (i) inspect the railroad […]
(a) An employee of a railroad company or representative of employees may request inspection of a railroad if the employee or representative believes, in good faith, that: (1) there is imminent danger to employees; or (2) due to a violation of a health and safety standard adopted under this title, there is a threat of severe physical harm […]
(a) In this section, “apparatus” means any machinery, device, or equipment or any part of any machinery, device, or equipment. (b) The Commissioner or authorized representative of the Commissioner shall give written notice to a railroad company or the railroad company’s agent in charge of the operation, if, after an inspection or investigation of the railroad, the […]
(a) If, after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that a railroad company has violated this title or a regulation or health and safety standard adopted or order issued to carry out this title, the Commissioner or authorized representative of the Commissioner shall, with reasonable promptness, […]
(a) Within a reasonable time after issuance of a citation under § 5.5-116 of this title, the Commissioner shall send by certified mail to the railroad company at its principal place of business a notice that: (1) states that the citation has been issued and any civil penalty that will be assessed under this title; and (2) informs […]
(a) The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that a railroad company or representative of a railroad company submits under § 5.5-116 or § 5.5-117 of this title. (b) The Commissioner shall give notice and hold a hearing under this title in accordance with Title 10, Subtitle 2 […]
(a) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the Commissioner adopts to carry out this title may appeal to a court of competent jurisdiction in accordance with the Maryland Rules. (b) In a proceeding under this section, a court […]
(a) If the Commissioner or an authorized representative of the Commissioner concludes that a condition or practice in the operation of any railroad creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an individual or serious physical damage to property, the authorized representative: (1) shall give notice of the […]
