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A. Assistant Commissioner for MOSH.
- General.
It is the overall responsibility of the Assistant Commissioner for
MOSH or his/her authorized representative (Assistant
Commissioner/Authorized Representative) to carry out managerial,
administrative and operational objectives within the MOSH Compliance
Program. This includes administrative and technical support for the
Maryland Occupational Safety and Health Compliance
Officer and Industrial Hygienist (CO/IH).
- Responsibilities.
The Assistant Commissioner/Authorized Representative shall carry out
these responsibilities under the authority and direction of the
Commissioner and follow current MOSH Instructions and Memoranda, where
applicable, in performing administrative and operational duties. These
duties may be subdelegated, as appropriate, to MOSH safety
and/or health supervisors. The MOSH Field Operations Manual (FOM),
augmented by MOSH Field Directives, provides guidance for the conduct
of most compliance operations activities. Interpretation and
clarification as well as additional guidance shall be obtained from or
through the Commissioner or the Office of the Attorney General.
- Specific.
In fulfilling the responsibilities as outlined in the preceding
paragraph, the Assistant Commissioner/Authorized Representative has a
wide range of more specific duties, including, but not limited to, the
following:
- Ensuring that
inspections are scheduled within the framework of the State Plan;
- Reviewing inspection
reports from CO/IHs and processing citations and notifications of
proposed penalties, when appropriate;
- Recommending
modification of citations, proposed penalties and abatement dates,
when appropriate and when requested within the allowable time and
in accordance with established procedures;
- Determining the
validity of complaints and referrals and taking appropriate
action, including investigation thereof;
- Initiating imminent
danger and accident investigations;
- Arranging for the
assistance of experts, as necessary, for inspections and
investigations;
- Coordinating special
emphasis programs as necessary to ensure the success of defined
goals;
- Reviewing and acting
on requests for modification of abatement date;
- Ensuring that
informal conferences with employers and employees regarding
inspections of their workplaces are held in accordance with the
Code of Maryland Regulations, and reviewing and approving proposed
informal settlements;
- Coordinating special
enforcement problems (e.g., failures to abate, willful violations,
refusals of entry, restraining orders, etc.) with the Office of
the Attorney General;
- Initiating the debt
collection process when a MOSH penalty becomes a final order, and
coordinating collection activities with the Maryland Central
Collection Unit when files are forwarded to that office;
- Coordinating review
and monitoring of employer progress towards abatement of hazards
and providing appropriate guidance as necessary;
- Developing,
scheduling and/or executing formalized training to upgrade the
knowledge and skills of CO/IH staff;
- Directing and
coordinating the completion of IMIS information by all MOSH
compliance personnel;
- Coordinating with
the Office of the Attorney General on contested cases, including
potential formal settlements; helping arrange for the assistance
of expert or other witnesses; personally testifying, as
appropriate, regarding the scheduling of inspections and the
issuance of citations and proposed penalties;
- Directing field
activities of enforcement personnel;
- Responding to
requests for information pursuant to the Maryland Public
Information Act (MPIA) in accordance with current
guidelines; and
- Developing and
implementing a comprehensive safety and health program for MOSH
personnel, as appropriate.
B. Supervisor of CO/IHs.
- General.
The MOSH Supervisor has overall management responsibility for
all resources in an assigned area.
- Responsibilities.
The MOSH Supervisor exercises responsibility and authority
under the Assistant Commissioner/Authorized Representative. The
following are among the specific duties of the MOSH Supervisor:
- Reviewing and
assessing the work products of CO/IHs under supervision for
technical adequacy, applying the policies and procedures in effect
within the agency and accepting, amending, or rejecting them as
appropriate;
- Evaluating the
performance of each CO/IH and the programs under supervision;
- Ensuring that each CO/IH conducts himself or herself in a manner that conforms to
recognized safety and health practices and limits any hazard
exposure to prevent injury or adverse health effect.
- Advising,
counseling, and instructing each CO/IH under supervision on MOSH
policies and procedures and on administrative matters;
- Ensuring that CO/IHs
have available all report forms and handouts in sufficient
quantity for use in inspections;
- Ensuring that
necessary personal protective equipment is available for use and
in serviceable condition; that test equipment required for
inspections is properly calibrated and ready for use when needed;
and that each CO/IH is trained in the field use of such equipment;
- Developing,
scheduling and/or executing informal training to upgrade the
knowledge and skills of CO/IH staff under supervision;
- Evaluating incoming
complaints and referrals, establishing priorities among inspection
categories, and scheduling programmed and unprogrammed inspections
in accordance with MOSH procedures;
- Recommending and
initiating work methods, organizational alignment, and the
structure of work to achieve optimum utilization of available
resources;
- Ensuring that
inspection activities comply with appropriate directives; and
- Holding informal
conferences with employers and employees regarding inspections of
their workplaces and recommending informal settlements of
appropriate cases.
- Communication.
Effective and efficient communication is an important element of a MOSH
Supervisor's responsibility. They shall ensure that the views
and expressions of the program as a whole are not compromised.
C. Maryland Occupational Safety and Health Compliance
Officer/Industrial Hygienist (CO/IH).
- Personal Conduct and
Activities.
All CO/IHs must adhere to the rules of conduct prescribed for State
employees in general. They must also adhere to certain rules,
regulations and requirements that apply particularly to them as
inspectors. The following sections set forth certain regulations and
requirements which are particularly concerned with the conduct of CO/IHs.
- Courtesy to the
Public. The
Division of Labor and Industry emphasizes that the proper and
courteous discharge of duties and responsibilities by staff is
essential to the enforcement and administration of the MOSH Act
(the Act). The CO/IH is the primary representative of the Department
of Labor, Licensing and Regulation and the Division of Labor and
Industry in public relations. The ultimate success of the compliance
program depends largely upon the CO/IH's knowledge and understanding
of the Act and regulations, as well as upon their courtesy and tact
in dealing with employers and employees. CO/IHs represent State
government and must at all times conduct themselves in such a manner
as to reflect that responsibility. They must never allow themselves
to indulge in conduct or statements unbecoming their position, even
when such conduct or statements are invited or incited by those with
whom they are dealing.
- Acceptance of
Gratuities.
It is illegal for a State official or an employee to solicit any
gift. It shall be considered unethical and is illegal for any State
official or employee to accept, seek, solicit, or take directly or
indirectly, any gift or benefit of more than insignificant economic
value, including money, any service, gratuity, fee, property, loan,
promise or anything else of more than insignificant economic value
from or on behalf of any individual or entity who is doing
or is seeking to do business of any kind with the State or whose
activities are regulated or controlled in any way by the State. No
gift shall be accepted under circumstances from which the official
or employee could reasonably have inferred that the gift or benefit
was intended to influence or gives the appearance of influencing
such official or employee in the performance of official duties and
under circumstances from which it is reasonable to assume that the
official or employee would be influenced in the performance of
official duties. Additional guidance shall be provided by the
Maryland Public Ethics Law.
- Responsibilities.
The CO/IHs responsibilities are necessarily extensive. The primary
responsibility is the conduct of effective inspections to determine
whether employers are: (1) providing employment and a place of
employment that are safe and healthful and free from each recognized
hazard that is causing or likely to cause death or serious physical
harm to the employee, and (2) complying with safety and health
standards and regulations adopted by the Commissioner. The conduct of
effective inspections requires identification, professional
evaluation, and accurate reporting of safety and health conditions and
practices. Inspections may vary considerably in scope and detail,
depending upon the circumstances in each case.
- Preparation.
Preparing for an inspection is an important part of a CO/IHs
professional activity. Once an establishment has been assigned for
inspection, the CO/IH shall review the types of conditions likely to
be encountered, including the work processes, equipment and
machinery involved, and the hazards likely to be associated with
them. All available sources of information shall be used to bring
about as complete a familiarity with the establishment as is
practicable. The quality of the inspection will be judged by
employer and employee alike based on the CO/IH's knowledge of, and
familiarity with, the work done and the problems associated with it.
- First Impression. CO/IHs must be aware that a good first impression is important in
creating an atmosphere of cooperation and is essential to the
successful completion of the inspection. Such an impression can be
created by careful planning. Dress shall be appropriate to the type
of establishment to be inspected. Proper protective clothing and
equipment shall be worn and company comportment rules scrupulously
observed. A precise and respectful professionalism shall be
displayed and the inspection conducted as efficiently as possible,
without undue delay and with sensitivity to the needs and concerns
of those involved.
- Concern for Safety
and Health.
During the walk around the CO/IH shall encourage dialogue and
questions related to safety and health issues and shall offer
suggestions and explanations as to how problems might be abated. The
major goal of MOSH's inspections is to foster a mutual interest on
the part of labor and management in eliminating or reducing
workplace hazards. This involves building cooperation on the
foundation of existing good safety and health practices, which
practices shall be commended and promoted whenever possible.
- Balanced Approach.
MOSH policy is to remain neutral in dealing with management and
labor. The CO/IH is an agent of neither side but rather of MOSH and
is, therefore, charged with ensuring that the employer provides a
safe and healthful workplace. Bias or even the appearance of
partiality toward one side or the other will lessen MOSH's ability
to carry out this important legislative mandate.
- Thoroughness.
The MOSH program will be judged at every step of the inspection by
the actions of the CO/IH. The closing conference held with
management and/or employee representatives shall be used as a means
of reinforcing the agency's intent to be cooperative, helpful, and
courteous in the conduct of its activity. The CO/IH shall explain
the availability of other MOSH programs in addition to enforcement,
such as Consultation, and Training and Education.
- Subpoenas Served on CO/IHs. If a CO/IH is served with a subpoena or request for deposition, the MOSH
Supervisor shall be informed immediately and the matter shall be
referred to the Assistant Commissioner/Authorized Representative,
giving all pertinent information. The agency will evaluate all such
requests to determine appropriate direction.
- Testifying in Hearings.
- The CO/IH may be
required to testify in hearings on behalf of the State. The CO/IH
should keep this fact in mind when conducting an inspection and
shall record pertinent observations. Reports must reflect
conditions accurately. Any report which contains an element of the
time of day must reflect the actual time the CO/IH was involved.
If the CO/IH is called upon to testify, the report will be
invaluable as a means for recalling actual conditions and
reinforcing the facts.
- A hearing before an
Administrative Law Judge, a hearing before the Commissioner, or
judicial review in court may require the participation of the CO/IH
whose reports led to the issuance of the contested citation(s).
Such participation will normally consist of sworn testimony as to
facts within the CO/IH's personal knowledge. The CO/IH shall avoid
giving expert or opinion testimony unless specifically ordered to
do so by the authority conducting the proceeding.
- In order to properly
prepare for such participation, the CO/IH shall carefully review
the entire case file. Particular attention shall be given to
photographs and witness statements included in the case file.
- Courteous,
professional deportment in any proceeding is of paramount
importance. Disparagement of individuals or organizations is to be
avoided.
- Release of Inspection
Information.
Portions of information obtained from inspections may be confidential
and not releasable to persons outside of MOSH. Determinations of
disclosable or nondisclosable information will be made based on
criteria established in the Maryland Public Information Act (MPIA) and
administered by the Office of the Assistant Commissioner.
- The CO/IH shall not
discuss information connected with any case except as indicated
elsewhere in this manual. Thus, for example, some case file
information may be discussed with employer or employee
representatives prior to citation issuance or during the closing
conference or informal conferences.
- Any requests for
information shall be directed in writing to the Office of
the Assistant Commissioner.
- Disposition of
Inspection Records.
"Inspection records" are any records made by a CO/IH that
concern, relate to, or are a part of any inspection or that concern,
relate to, or are part of the performance of any official duty. Such
original material and all copies shall be included in the case file.
These records are the property of the State of Maryland and a part of
the case file. Inspection records are not the property of the CO/IH
and under no circumstances are they to be retained or used for any
private purpose. Copies of documents, notes or other recorded
information not necessary or pertinent or not suitable for inclusion
in the case file shall, with the concurrence and permission of the
MOSH Supervisor, be destroyed.
- Correspondence with
the Public. A CO/IH normally shall not correspond with the public except as directed
by the MOSH Supervisor. All formal correspondence shall be
submitted to the MOSH Supervisor who will discuss with and seek
approval from the Assistant Commissioner/Authorized Representative.
Copies of all correspondence shall be maintained in the regional
office files. This shall not be interpreted to mean that a CO/IH
cannot answer questions regarding MOSH programs, including standard
interpretations, if asked on an inspection or over the telephone. A
CO/IH shall not attempt to answer questions which he or she does not
have the ability to answer.
- Inquiries.
The CO/IH will deal with inquiries in the following manner:
- Frequently during an
inspection the CO/IH may be asked by an employer or its
representative about the coverage or application of the Act. These
questions usually will be such that the CO/IH may answer them by
referring to applicable safety and health standards or other
appropriate documents (e.g., the Act). Questions about which the
CO/IH has any doubt shall be referred to the MOSH Supervisor.
- CO/IHs may be asked
about the applicability of laws and programs administered by
federal or by other State or local agencies. Under no
circumstances shall the CO/IH attempt to advise such parties
regarding laws not administered by MOSH. Instead, they shall be
referred to the agency responsible for administering the law or
program in question.
- The MOSH public
information policy regarding investigation of fatalities,
catastrophes, other accidents, and/or complaints is to explain
MOSH presence to the news media; that is, to say that "MOSH
is investigating" if you know this to be so. Any further
information shall be released by the Assistant
Commissioner/Authorized Representative. It is not MOSH policy to
provide a continuing flow of facts nor to issue periodic updates
on the progress of any investigation.
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