| A. Background
- On June 5, 2001, the Commissioner of Labor and Industry adopted new Regulations
.01 - .03 under a new chapter, COMAR 09.12.25 Maryland Occupational
Safety and Health - Fall Protection in Steel Erection.
- The Commissioner of Labor and Industry repealed the following provisions, which
were previously incorporated by reference under COMAR 09.12.31,
from Title 29 of the Code of Federal Regulations: 29 CFR 1926.500(a)(2)(iii),
1926.500(a)(3)(iv), and 1926.500(a)(4).
- On August, 27, 2002, the Commissioner of Labor and Industry
repealed existing Regulation .01 - .03 and adopted new Regulations
.01 - .02 under COMAR 09.12.25 Maryland Occupational Safety
and Health – Fall Protection in Steel Erection (See Attachment
).
- The Commissioner of Labor and Industry repealed the incorporation by reference
of the following portions of a corresponding federal standard
found in Z-1 at COMAR 09.12.31:
- With the exception of 29 CFR §§1926.500(a)(2)(iii), 1926.500(a)(3)(iv)
and 1926.500(a)(4), all amendments and revisions to Subpart
M, 29 CFR §§1926.500 — 1926.503, including nonmandatory
Appendices A — E, and related amendments and
revisions to 29 CFR §§1910.169(g)(2)(i); 1926.104; 1926.753;
1926.105; 1926.107(b), (c) and (f); 1926.250(b)(2); 1926.550(c)(2)
and (g)(4)(i)(C); 1926.651(l); 1926.701(f)(2); and 1926.951(b)(4)(i),
that appear in the Federal Register on August 9, 1994
(59 FR 40729 — 40753) are adopted by reference;
Effective date: January 30, 1995 (22:2 Md. R. 77);
Fall protection requirements in steel erection are provided
for in COMAR 09.12.25; and
- All amendments and revisions to 29 CFR Part 1926, Subpart E that appeared
in the Federal Register on August 2, 1995 (60 FR 39255)
which were adopted by reference, effective date: January
15, 1996 (23:1 Md. R. 24);
- Adopted through incorporation by reference in Z-1 at COMAR 09.12.31
Maryland Occupational Safety and Health Act the revised
corresponding federal standard, Part 1926 — Safety
and Health Regulations for Construction, Subpart R — Steel
Erection: 29 CFR §§1926.750 — 761, including Appendix
A — H (January 18, 2001), effective July 18, 2001,
to the extent they are consistent with the amended regulation.
B. Action
- MOSH Compliance personnel will enforce the adopted changes as provided in
Attachment A.
- MOSH Supervisors will hold appropriate training sessions in each region to review
the standard’s requirements.
cc: Commissioner Kenneth P. Reichard
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing
and Regulation
Office of Administrative Hearings
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