Maryland Occupational Safety and Health Act (Public Sector) Poster

MARYLAND
OCCUPATIONAL

safety
and
health
protection
on the
job

Public
Employers:

Public
Employees:

SAFETY and
HEALTH ACT
.

The Maryland Occupational Salely and
Health Act of 1973 provides job safely and
health protection tor workers through the
promotion of sate and healthful working
conditions throughout the State.
Requirements of the Act include the
tollowi.ng:

:

...

Proposed
Penalty:

The Act provides for mandatory civil penaltios
against emptoycus. Civil ponalt/es up to the
maximum penalty p,et day may bo asse-ssed for
failure to com�ct vlolabons within the proposed
ume period. Also, any employer who wlllfu11y or
re-pea!edty vk>lates th& Act may be assessed
ctvil ponaJtles of up to 10 times the maximum
penalty amount for each such vtolalion.
In c:ompUance with Laboe aod Employment
Attlclo. §S-810 Ch. 104. Acts or 2-024:

Each public employer shall furnish to each of
his or her empk>yees empk>yment and a
place of employment tree 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

1.
Bsginning with fospections lhat
take placa on or after July 15, 2025. th8
maximum pooafty Is:
a. S16,550 for each vlolallon;
b. $ t 6,550 for oach day an
ldentifted vlolatiOn is not
correcled within the parlod
aHowad for correction. and
$ t 61.323 for oach willful or
C.
repeatod vblatlon.

Each public 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.

2.
The new minimum dvll pooally for
a willful violatlon is $16,550 to, 0ach
vlolabOn.

The Commissioner of Labor and Industry has
the primary responsibility tor administering
the Act and issuing occupational safety and
health standards.

Inspection:

The Act provides that the State Government
and each of its political subdivisions or any
agency thereof shall develop, conduct and
i

mainta n a program of sett-inspection. This
program is to be approved and monitored by
the Commissioner of Labor and Industry.
The Act requires that a representative or
representatives authorized by the employees
be given an opportunity to participate in the
inspection procedure.
Where there is no authorized emp)oyee
representative, the inspector shall oonsutt
with a reasonable number of employees
concemjng safety and health conditions in
the workplace.

Complaint:

ADDITIONAL INFORMATION ANO COPIES OF THE ACT,
SPECIFIC MARYLAND OCCUPATIONAL SAFETY ANO
HEALTH STANDARDS, ANO 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 aboul the PubUc Employer Sell•1nspechon Program may be made lo the
Commissioner ol labor and Industry at the above address.

Pu�ic 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.

Citation:

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.
A public employee who believes he or she
has been discriminated against may file a
complaint with the Commissioner within 30
days of the alleged dlscriminatjon.

Voluntary
Activity:

3.
The CommJssloner or Labor will
annually Increase lh8 maximum and
minimum wiltfuJ civil penattlos by tho
catenda1 year pruce-nt.age Increase in me
Consumer Pnco lndox for AU Urban
Consumers
(CPI-U) or a successor Index. offecllva on
July 15th of each year. The COO'lmlssiOner
or LabOr will maintain tho current ponalty
amounts on tho MOSH website:
https://www.labor.maryland.gov/labor/mosh/
moshguidance.shtml
In addition to mandatoty clvd panaJlses. tho Act
also prov1d&S for 1m.posllion of ctlminal
penaloos. Any w1uru1 violation of tho Act
re:sulllng In death of an employee ls pun,shablo.
upon conviction, by a f,ne of not more than
$10.000 or by l!llprisonment for not more lha.n
six months. or by both. Conv.ction for a
sut>se,quent offonse Is pun!shable by a fine of
not more than $20,000 or by imprisonment ror
not more than one yoar, or by both.
It upon an inspection perlonned by the
Division of Labor and Industry. the
Commissioner believes a public employer
has violated the Act. a citation alleging such
violations shall be issued to the public
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, io warn
employees al dangers that may exist there.
The Act encourages efforts by labor and
management to reduce injuries and illnesses
arising out of employment. The
Commissioner of Labor and fndustry
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.