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DLLR's Division of Labor and Industry

 

MOSH Standards Notice 08-1 - Maryland Occupational Safety and Health (MOSH)

 
TO: All MOSH Personnel
 
FROM: Assistant Commissioner
 
SUBJECT: Amendments to Regulation .07 under COMAR 09.12.20 Occupational Safety and Health
 
CANCELLATION: This notice cancels MOSH Instruction 01-1 Multiemployer Citation Policy
 
PURPOSE: To codify a long-standing policy of the Maryland Occupational Safety and Health Program regarding the issuance of citations and notices of de minimis violations on multiemployer worksites.
 
EFFECTIVE DATE: February 25, 2008
 
ISSUANCE DATE: March 26, 2008
 

A.      Background

  1. On February 5, 2008, the Commissioner of Labor and Industry adopted amendments to Regulation .07 under COMAR 09.12.20 Occupational Safety and Health. This action, which was proposed for adoption in 34:26 Md. R. 2272-2273 (December 21, 2007), has been adopted as proposed. This action was considered by the Maryland Occupational Safety and Health Advisory Board at a public meeting held on July 11, 2007, notice of which was given by publication in the 34:13 Md. R. 1207 (June 22, 2007), pursuant to State Government Article, §10-506 (c), Annotated Code of Maryland.

B.       Action

  1. MOSH Compliance and Consultation Supervisors shall ensure that all Compliance Officers are trained on the contents of this notice.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing, and Regulation
Office of Administrative Hearings

 

Symbol Key

  • Roman type indicates existing text
  • Italic type indicates new text
  • [Single brackets] indicate deleted text

.07 Issuance of a Citation and Notice of De Minimis Violations.
A. In this regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Controlling employer" means the employer who is responsible, by contract or through actual practice, for safety and health conditions on the worksite, whether or not its own employees are exposed, such as an employer who has the authority for ensuring that hazardous conditions are corrected.
(2) "Correcting employer" means the employer who has the responsibility for actually correcting the hazard, whether or not its own employees are exposed.
(3) "Creating employer" means the employer who actually created the hazard through its action or inaction, whether or not its own employees are exposed.
(4) "Exposing employer" means the employer whose employees are exposed to the hazard or have access to the hazard.

[A.] C. - [B.] D. (text unchanged)
E. Issuance of Citations.
(1) On multiemployer worksites, more than one employer may be cited for a hazardous condition that
violates a provision of the Act or of a standard, regulation, or order promulgated under the Act.
(2) The following employers may be cited:
(a) The exposing employer;
(b) The creating employer;
(c) The controlling employer; and
(d) The correcting employer.


[C.] F. - [F.] I. (text unchanged)

 
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