Section 5-201 – Responsibility of Commissioner

    The Commissioner shall have the power and authority to administer and enforce this title.

Section 5-202 – Delegation

    (a)    The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner under this title.     (b)    (1)    The Commissioner may enter into a written agreement with a governmental unit to delegate any power of inspection under this title.         (2)    An agreement under this subsection shall:             (i)    specify the procedure to be […]

Section 5-203 – Deputies for Inspection of Excavation Work

    (a)    To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who:         (1)    is employed by a county, a municipal corporation, or the Washington Suburban Sanitary Commission or other similar authority;         (2)    has the approval of the chief of the unit for which the employee works; and         (3)    has attended a training course that the Division […]

Section 5-204 – Cost of Administration

    (a)    (1)    The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this title.         (2)    The Workers’ Compensation Commission shall pay the cost of administering this title from money that the Commission receives under § 9-316 of this article.     (b)    The Commissioner shall have […]

Section 5-205 – General Powers and Duties

    (a)    To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may:         (1)    administer oaths;         (2)    certify to an official act; or         (3)    depose witnesses.     (b)    (1)    To administer or enforce this title, the Commissioner or an authorized representative of the Commissioner may issue a subpoena for the attendance of a […]

Section 5-206 – Occupational Safety and Health Programs for Public Bodies

    (a)    The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies.     (b)    The program under this section shall:         (1)    be generally consistent with this title; and         (2)    require each public body to:             (i)    provide conditions and places of employment that are safe and healthful;             (ii)    develop, conduct, and maintain […]

Section 5-207 – Power of Attorney General

    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 […]

Section 5-208 – Inspections

    (a)    The Commissioner or authorized representative of the Commissioner may enter a place of employment where work is performed, without delay at any reasonable time, to:         (1)    inspect the place of employment;         (2)    investigate all pertinent apparatus, conditions, devices, equipment, materials, and structures at the place of employment; and         (3)    question privately an agent, employee, or employer.     (b)    (1)    Subject to […]

Section 5-209 – Request for Inspection by or for Employee

    (a)    An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:         (1)    there is imminent danger to an employee; or         (2)    due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee.     (b)    To […]

Section 5-210 – Notice Prohibiting Use of Apparatus

    (a)    In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment.     (b)    The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that:         (1)    the apparatus or part of the apparatus violates an occupational safety and health standard; […]

Section 5-211 – Administrative Search Warrant

    (a)    Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this section.     (b)    Each application under this section […]

Section 5-212 – Citations

    (a)    (1)    Except as provided in paragraph (2) of this subsection, if after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that an employer has violated a duty under this title or an order passed under this title or an occupational safety and health standard or other regulation adopted […]

Section 5-213 – Enforcement of Citation

    (a)    Within a reasonable time after issuance of a citation under § 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to the employer a notice that:         (1)    states the civil penalty, if any, that the Commissioner proposes to assess under this title; and         (2)    informs the employer that, within 15 work days […]

Section 5-214 – Hearings

    (a)    The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that an employer or employee or representative of an employee submits under § 5-213 of this subtitle.     (b)    An employee whom a hearing under this section affects or a representative of the employee may participate as a party in a […]

Section 5-215 – Judicial Review and Enforcement

    (a)    (1)    A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out this title may file a complaint within 30 days after issuance of the order or regulation to have it modified or set aside.         (2)    A complaint filed under this subsection […]

Section 5-216 – Injunctive Relief Against Imminent Danger

    (a)    If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an imminent danger that reasonably could be expected to cause death or serious physical harm to an employee, the authorized representative:         (1)    shall give the employer and each employee whom the danger affects notice of the danger; […]

Section 5-217 – Protection of Trade Secrets

    (a)    In this section, “trade secret” means a device, formula, pattern or compilation of information that:         (1)    is used in the business of an employer;         (2)    gives the employer an opportunity to obtain an advantage over a competitor; and         (3)    is known only to the employer and any employee to whom the employer needs to confide the information.     (b)    Except […]