Skip to Main Content

09.12.21 - Division of Labor and Industry - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 43, ISSUE 26,
FRIDAY, DECEMBER 23, 2016

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.21 Employee Injury and Illness Records and Reports

Authority: Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-702—5-704, Annotated Code of Maryland

Notice of Final Action
[16-269-F]

On December 12, 2016, the Commissioner of Labor and Industry adopted amendments to Regulation .02 under COMAR 09.12.21 Employee Injury and Illness Records and Reports. This action, which was proposed for adoption in 43:22 Md. R. 1227—1228 (October 28, 2016), has been adopted as proposed.

Effective Date: January 2, 2017.

THOMAS MEIGHEN
Commissioner of Labor and Industry

.02 Incorporation by Reference.
  A. (text unchanged)
  B. Documents Incorporated.
    (1) (text unchanged)
    (2) 29 CFR §1904.2 [(2001)] (2014).
    (3) — (17) (text unchanged)
    (18) 29 CFR §1904.39 [(2001)] (2014).
    (19) — (22) (text unchanged)
    (23) 29 CFR §1904 Non-Mandatory Appendix A to Subpart B—Partially Exempt Industries [(2001)] (2014).
  C. The following amendments apply to the documents incorporated by reference in §B of this regulation:
    (1) (text unchanged)
    (2) For 29 CFR §1904.2, in:
    [(2) For 29 CFR §1904.2(a)(1),] (a) Subsection (a)(1), where the words “all employers must report to OSHA” appear, substitute “MOSH” for “OSHA”; and
        (b) Subsection (b)(2), where the words “OSHA office or State agency” appear, substitute “MOSH office”
;
    (3) — (10) (text unchanged)
    (11) For 29 CFR §1904.38[:], in:
      (a) [In subsection] Subsection (a), where the words “Basic requirement.” appear, substitute “Private sector basic variance requirements.”;
      (b) [In subsection] Subsection (a), the word “you” means “an employer as defined in §5-101(d) [(1)(i)] of the Maryland Occupational Safety and Health Act”; and
      (c) [In subsection] Subsection (b)(4), where the words “If I have already been cited by OSHA” appear, substitute “MOSH” for “OSHA”;
    (12) For 29 CFR §1904.39:
      (a) Except as provided in paragraphs (b)—[(e)] (k) of this subsection, wherever the word “OSHA” appears, substitute “MOSH”;
      (b) [In subsection (a), where the words “Area Office of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor,” appear, substitute “MOSH Central Office” and strike the last sentence;] In subsection (a)(1), where the words “the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor” appear, substitute “MOSH”;
      (c) In subsection (a)(2), where the words “an employee’s amputation” appear substitute “an employee’s amputation involving bone or cartilage loss”
      (d) In subsection (a)(2), where the word “OSHA” appears, substitute “MOSH”;
      (e) In subsection (a)(3)(i), where the words “OSHA Area Office” appear, substitute “MOSH Central Office”, and delete the words “that is nearest to the site of the incident”;
      (f) In subsection (a)(3)(ii), where the words “OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742)” appear, substitute “MOSH Central Office toll-free telephone number, 1-800-759-6297”;
      (g) In subsection (a)(3)(iii), substitute “form” for “application”, “MOSH’s” for “OSHA’s”, and “www.dllr.maryland.gov/labor/mosh/” for “www.osha.gov”;

      [(c)] (h) In subsection (b)(1), substitute “MOSH Central Office” for “Area Office”, substitute “MOSH’s” for “OSHA’s”, [and] substitute “MOSH Central Office toll-free [emergency] telephone number [1-888-257-MOSH (1-888-257-6674)”] 1-800-759-6297” for the words “800 number”, substitute “form” for “application”, and substitute “MOSH’s public Web site at www.dllr.maryland.gov/labor/mosh/” for “OSHA’s public Web site at www.osha.gov”;
    [(d)] (i) In subsections (b)(2), [(b)](3) and (4), except for references to “OSHA injury and illness records”, wherever the word “OSHA” appears, substitute “MOSH”; [and]
      [(e)] (j) In subsection (b)(5), where the words “your local OSHA Area Office director” appear, substitute “the MOSH Assistant Commissioner”; and
      (k) In subsections (b)(6), (7), (8) and (10), except for a reference to “OSHA injury and illness records”, wherever the word “OSHA” appears, substitute “MOSH”;
    (13) — (15) (text unchanged)
    (16) In 29 CFR §1904 Non-Mandatory Appendix A to Subpart B—Partially Exempt Industries, [where the words “must report to OSHA any workplace incident” appear,] except for a reference to “OSHA injury and illness records”, substitute “MOSH” for “OSHA” in the last sentence.