DLLR's Division of Labor and Industry

 

Chapter XIII. Disclosure of Documents - MOSH Field Operations Manual - Maryland Occupational Safety and Health (MOSH)

 

A.  Policy. MOSH policy regarding the disclosure of documents in investigation, inspection and other files is governed by the Maryland Public Information Act (MPIA) and the regulations adopted by the Department of Labor, Licensing and Regulation (COMAR 09.01.04). MOSH policy is to disclose all documents to which the public is entitled under the MPIA and the regulations. However, great care shall be taken to ensure that documents which are not disclosable are kept confidential.

B.  Procedure. The Assistant Commissioner/Authorized Representative shall appoint an MPIA Officer for MOSH, who shall perform the duties required by the MPIA and the regulations. Except as indicated below, all requests for information, or for viewing and copying of documents from MOSH files shall be referred to the MOSH MPIA Officer. Any question about the identity of the MOSH MPIA Officer shall be referred to the MOSH Supervisor.

C. Exceptions to Procedure.

1.  MOSH directives and the MOSH Field Operations Manual clearly are disclosable in their entirety. Requests for these documents need not be referred to the MPIA Officer.

2.  The following records are disclosable in full to the public, upon request, after they have been received by the employer:

a.  A citation issued to an employer for an alleged violation.

b.  Notification of a proposed penalty issued to an employer.

c.  Notification of a "failure to correct" violation and of any proposed additional penalty issued to an employer.

d.  Notice issued to an employer for an alleged imminent danger situation.

 
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