Maryland Occupational Safety and Health Act (Private Sector) Poster

MARYLAND
OCCUPATIONAL

safety
and
health
protection
on the
job

Employers:

Employees:

SAFETY and HEALTH
ACT
•

The Maryland OccupattOnal Safety and Health
Act of 1973 provkles Job safety and heallh
protection foe wotke<s through lhe promotion of
safe and healthful wotking conditions
thtoughout the State. Re-qulrements of the Act
lnducle Ille following:

•

I

Proposed
Penalty:

Each employer shall furn ish to each of his or
het employees employment and a placa of
employment free from ,ocognized hazatds that
are cauSing or are likely to cause death or
serious haml to employees; and sh.all COO'lpty
with occupational safety and health standards
Issued under the Act.

1.
Beginning with inspections that
take place on or after July 15, 2025. the
maximum penalty Is:
a. $16,550 for each vlolation;

Each emp1oyee shall comp ly with all occupatfonal
safety and health standards, rules, regulations
and otdors lssood under lhe Act that appry to his
or her O'NO actions and conduct on the job.

b. $16.550 for each day an
tdentifled violation Is not
corrected within the period
aUowed for correction: and
$161.323 for each willful or
C.
,epeated violation.

2.
The now· minimum clvil p0nally f0<
a wUlfut violation Is $16,550 for each
viofatlon.
3.
The Commissioner of Labor will
annually increase the maximum and
minimum wi'flfut civil penalties by the
calendar year percentage increase in the
Consumer Price Index ror All Urban
Consumers
(CPl•U) or a succeSSO( index, effective on
July 15th o{ each year. The Commissioner
of Labor will maintain the current penalty
amounts on the MOSH website:
https://www.labor.maryland.gov/labor/
mosh/moshguidance.shtml

The Act requites ltlat a repres0ntatlve authorized
by the employees be given a.n opp0ttunity to
accompany the MOSH Inspector for the pu,pose
of aiding lhe inspedlon.
Whore there is no authO(lzed employee
rep,esentatlv&, the MOSH Inspector shall
consult with a reasonable number of employees
conoeming safety and health conditions In th&
workplace.

Complaint:

Employees or their reptesentatives have the
right to file a complaint with the Commissioner
requesting an inspection If they believe unsaf&
ot unhealthful conditions exist In their workplace.
The Comll'\issloner will withhold names of
employees complalning on request

In addition to mandatory civil penalties, the Act
also provides for imposition of criminal
penalties. Any willful violation of the Act
resulting In death of an emptoy00 is punishable.
upoo conviction. by a fine of not mof8 than
$10.000 o, by Imprisonment for not more than
six months, or by both. Conviction fot a
subsequent offense Is punishable by a fine of
not more than S20,000 or by lmprlsonm&nt for
not more than ooo year. or by both..

The Act provides that employees may not b&
discharged or discriminated against In any way
for filing safety and health complaints or
oth8rwlse &xerclslng their rights under the Act

Citation:
ADDITIONAL INFORMATION AND COPIES OF THE ACT,
SPECIFIC MARYLAND OCCUPATIONAL SAFETY AND
HEALTH STANDARDS, AND OTHER APPLICABLE
REGULATIONS MAY BE OBTAINED FROM

MOSH TRAINING and EDUCATION
10946 Golden West Drive, Suite 160
Hunt Valley, Maryland 20131
Phone: 410-527-2091
Complaints abou1 State Program admini:straboo may be made to
i
Reg onal Administrator, Occupationa l Safety and Health
Adminislration.1835 M�rket Street. Maflstop OSHA-RO/19,
Philadelphia, PA 19103

The Act provides f0< mandatoty civil penalties
against emptoyers. Civil penalties up to the
maximum penalty per day may be assessed for
fa.llure to corn�ct vk>latlons within the ptoposed
time petiod. Also, any employs, who willfully or
repeatedly violates the Act may be assessed
civil penaltlos of up to 10 times the maximum
pooahy amount foe each such vi olation.
In compliance with Labor and Employment
Article. §5�10 Ch. 104, Acls ol 2024:

The Commlsslone, of Labor and Industry has
the primary ,esponsibmty fo, administering the
Act and Issuing occupat,onaJ safety a.nd health
standards. MOSH Safety and Health Inspectors
conducl jobslte inspections to ensure
compliance with the Act.

Inspection:

• •

An employoo who bel!eves he or she has been
discriminated against may file a complaint with
the Commissioner and/or the Federat
Occupational Safety and Health Administraton
Regional Office wl1hln 30 days of Ille aneged
discrimination.

If upon an Ins:pocrioo the Commisslone-t bel.oves
an empk)yer has violated the Act, a citation
aUeglng such violations shall be issu0d to the
employs,. Each citation shall specify a tim& period
within which the alleged violation must be
co,rected.
The MOSH citation must be promlnentty displayed
at or near the place of alleg0d vk>latlon tor thrae
days. or until it is co,rected, whiehever is later, to
wam employees of dangers that may 8Xist the:te.

Voluntary
Activity:

WhUe J)(OvkHng pe-naltles for vlotatfon, the Act
also encourages efforts by labor and
management to reduce injutles and IUnosses
arising out of employment. The Commissione<
of Labo( and Industry encourages employeis
and employees to reduce workplace hazards
voluntarily and to develop a.nd improve safety
and health programs in all workplaces and
Industries.
Such cooperative action would Initially focus oo
th& id0ntlflcatlon and elimination of hazatds that
could caus& 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 requeslod.