EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0176*
HOUSE BILL 176
K3, P1, L6 5lr1547
(PRE–FILED) CF SB 26
By: Delegate Solomon
Requested: October 31, 2024
Introduced and read first time: January 8, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Occupational Safety and Health – Revisions 2
(Davis Martinez Public Employee Safety and Health Act) 3
FOR the purpose of requiring the Commissioner of Labor and Industry to appoint an 4
Assistant Commissioner for Public Employees’ Safety and Health for certain 5
purposes; establishing the Public Employees’ Safety and Health Unit in the Division 6
of Labor and Industry to administer and enforce certain provisions regarding the 7
oversight of workplace safety and health of employees of certain public bodies; 8
altering the Maryland Occupational Safety and Health Act as it applies to certain 9
public bodies; repealing the prohibition on certain penalties being applied to public 10
bodies; requiring the Attorney General to provide certain notices and prioritize 11
certain requests for administrative warrants; requiring the revenues from certain 12
civil penalties to be used for the Maryland Apprenticeship and Training Program; 13
requiring the Commissioner, in consultation with the Occupational Safety and 14
Health Advisory Board, to adopt regulations that protect employees of public bodies 15
from workplace violence; and generally relating to the Maryland Occupational Safety 16
and Health Act. 17
BY repealing and reenacting, with amendments, 18
Article – Labor and Employment 19
Section 2–104(b), 5–101, 5–102, 5–104, 5–202, 5–206, 5–207, 5–208, 5–211, 5–212, 20
5–308, 5–702, 5–804, 5–811, and 5–812 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2024 Supplement) 23
BY repealing 24
Article – Labor and Employment 25
Section 5–801 26
Annotated Code of Maryland 27
(2016 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 176
BY adding to 1
Article – Labor and Employment 2
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 3
Preventing Workplace Violence” 4
Annotated Code of Maryland 5
(2016 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Labor and Employment 9
2–104. 10
(b) (1) The Commissioner shall appoint an Assistant Commissioner for 11
Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 12
EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 13
(2) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 14
in the management service in the State Personnel Management System and serves at the 15
pleasure of the Commissioner. 16
(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 17
entitled to the salary provided in the State budget. 18
5–101. 19
(a) In this title the following words have the meanings indicated. 20
(b) “Commissioner” means the Commissioner of Labor and Industry. 21
(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 22
individual whom an employer employs, for a wage or other compensation, in the business 23
of the employer. 24
(2) “Employee” includes: 25
(i) an individual whom a [governmental unit] PUBLIC BODY 26
employs; 27
(ii) an individual who is licensed as a taxicab driver and leases or 28
rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 29
(iii) an individual who is employed for part–time or temporary help 30
by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 31 HOUSE BILL 176 3
employs individuals to provide part–time or temporary help to another [governmental unit] 1
PUBLIC BODY or person; and 2
(iv) an individual who performs work for a [governmental unit] 3
PUBLIC BODY or person to whom the individual is provided by another [governmental 4
unit] PUBLIC BODY or person who engages in a business that directly employs individuals 5
to provide part–time or temporary help. 6
(d) (1) “Employer” means: 7
(i) except as provided in § 5–401 of this title, a person who is 8
engaged in commerce, industry, trade, or other business in the State and employs at least 9
one employee in that business; or 10
(ii) a public body. 11
(2) “Employer” includes: 12
(i) a person who operates or owns a taxicab business in Baltimore 13
City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 14
public; 15
(ii) a governmental unit or person who engages in a business that 16
directly employs individuals to provide part–time or temporary help to another 17
governmental unit or person; and 18
(iii) a governmental unit or person who contracts directly with 19
another governmental unit or person who engages in a business that directly employs 20
individuals to provide part–time or temporary help to another governmental unit or person. 21
(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 22
OF A PUBLIC BODY GOE S TO CONDUCT WORK ON BEHALF OF THE PUBLIC BODY THAT 23
IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 24
(2) “FIELDWORK LOCATION ” INCLUDES A DRIVING R OUTE THAT AN 25
EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUTIES FOR THE 26
PUBLIC BODY. 27
(F) “Occupational safety and health standard” means a regulation that requires: 28
(1) a condition that is reasonably appropriate or necessary to make 29
employment and places of employment safe and healthful; or 30
(2) the adoption or use of a means, method, operation, practice, or process 31
that is reasonably appropriate or necessary to make employment and places of employment 32
safe and healthful. 33 4 HOUSE BILL 176
[(f)] (G) “Person” includes a successor. 1
[(g)] (H) (1) “Place of employment” means a place in or about which an 2
employee is allowed to work. 3
(2) “PLACE OF EMPLOYMENT ” INCLUDES: 4
(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 5
PUBLIC BODY; AND 6
(II) A FIELDWORK LOCATION . 7
[(h)] (I) “Public body” means: 8
(1) a governmental unit; 9
(2) a public or quasi–public corporation of the State; 10
(3) a school district in the State or any unit of the district; or 11
(4) a special district in the State or any unit of the district. 12
(J) (1) “WORKPLACE VIOLENCE ” MEANS AN ACT OF VIOL ENCE OR A 13
THREAT OF VIOLENCE T HAT OCCURS AT A PLAC E OF EMPLOYMENT AND THAT IS NOT 14
A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 15
(2) “WORKPLACE VIOLENCE ” INCLUDES, REGARDLESS OF WHETHE R 16
THE EMPLOYEE IS PHYSICALL Y OR PSYCHOLOGICALLY INJURED: 17
(I) USING OR THREATENING TO USE PHYSICAL FORC E AGAINST 18
AN EMPLOYEE ; OR 19
(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 20
USE OF A FIREARM OR OTHER DANGEROUS WEAP ON. 21
5–102. 22
(a) The General Assembly finds that: 23
(1) personal injuries and illnesses that arise out of conditions of 24
employment substantially burden employers and employees in terms of lost production, 25
medical expenses, disability compensation payments, and lost wages; [and] 26
HOUSE BILL 176 5
(2) the prevention of these injuries and illnesses is in the best interest and 1
welfare of the people and the State; AND 2
(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 3
MAINTAINING SAFE AND HEALTHY WORKPLACES . 4
(b) The purposes of this title are to ensure, to the extent practicable, that each 5
working [man and woman] INDIVIDUAL in the State has working conditions that are safe 6
and healthful and to preserve human resources by: 7
(1) providing that employers and employees have separate but dependent 8
responsibilities and rights with respect to making working conditions safe and healthful; 9
(2) providing for the development and adoption of occupational safety and 10
health standards, INCLUDING STANDARDS THAT ADDRESS WORKPLA CE VIOLENCE; 11
(3) providing for training and other education of personnel so that 12
occupational safety and health standards are administered fairly and efficiently; 13
(4) providing an effective compliance and enforcement program under this 14
title; 15
(5) encouraging employers and employees to: 16
(i) reduce the number of occupational health and safety hazards at 17
their places of employment; and 18
(ii) create or improve programs to make working conditions safe and 19
healthful; 20
(6) encouraging joint efforts of labor and management to reduce diseases 21
and injuries that arise out of employment; 22
(7) building on advances already made through the initiatives of employers 23
and employees to make working conditions safe and healthful; 24
(8) developing innovative approaches, methods, and techniques to deal 25
with occupational safety and health problems; 26
(9) providing for research in the field of occupational safety and health; 27
(10) conducting research on occupational health problems, including 28
research to: 29
(i) identify causal connections between diseases and work in 30
environmental conditions; and 31 6 HOUSE BILL 176
(ii) explore ways to discover latent diseases; 1
(11) providing medical criteria to ensure, to the extent practicable, that 2
work does not diminish the functional capacity, health, or life expectancy of an employee; 3
(12) providing for reporting procedures on occupational safety and health 4
that are appropriate to help to achieve the purposes of this title and to describe accurately 5
the nature of occupational safety and health problems; 6
(13) providing for the dissemination of information about health and safety 7
hazards posed by toxic and hazardous substances to which workers are exposed; 8
(14) requiring employers to educate employees who work with hazardous 9
substances about the hazards of the substances and about safe procedures; 10
(15) requiring employers to give information to governmental units that are 11
charged with fire protection, to protect the health and safety of firefighters and the public; 12
[and] 13
(16) providing information and incentives for employers and employees to 14
make ridesharing arrangements; AND 15
(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 16
HEALTHFUL BY REQUIRI NG: 17
(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGR AMS AND 18
PLANS RELATED TO WOR KPLACE VIOLENCE ; 19
(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 20
REGULARLY ; AND 21
(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 22
THAT: 23
1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 24
ARE SAFE AND HEALTHY ; AND 25
2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYMENT 26
THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF THEIR 27
CAREERS. 28
5–104. 29
HOUSE BILL 176 7
(a) Each employer shall provide each employee of the employer with employment 1
and a place of employment that are: 2
(1) safe and healthful; and 3
(2) free from each recognized hazard that is causing or likely to cause death 4
or serious physical harm to the employee. 5
(b) (1) Each employer shall comply with this title, each applicable regulation 6
that the Commissioner adopts to carry out this title, and each applicable order that the 7
Commissioner passes under this title. 8
(2) Each employee shall comply with this title and, when applicable to the 9
employee’s actions and conduct in the course of employment, each regulation that the 10
Commissioner passes under this title. 11
(c) (1) Each employer shall keep its employees informed of their protections 12
and duties under this title, including each applicable occupational safety and health 13
standard, by: 14
[(1)] (I) posting notice where notices to employees normally are posted; 15
or 16
[(2)] (II) using other appropriate means. 17
(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 18
THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND BY E–MAIL TO EACH 19
OF ITS EMPLOYEES A C OPY OF: 20
(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 21
FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 22
AND 23
(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 24
BODY IN THE IMMEDIAT ELY PRECEDING YEAR , IF ANY. 25
5–202. 26
(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 27
SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 28
ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 29
[health] HEALTH any duty or function of the Commissioner under this title. 30
(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 31
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 32 8 HOUSE BILL 176
FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 1
WITH RESPECT TO PUBL IC BODIES. 2
(b) (1) The Commissioner may enter into a written agreement with a 3
governmental unit to delegate any power of inspection under this title. 4
(2) An agreement under this subsection shall: 5
(i) specify the procedure to be used in an inspection under the 6
agreement; 7
(ii) enable the Commissioner to monitor an inspection power under 8
the agreement; and 9
(iii) enable the Commissioner to revoke the agreement at any time. 10
5–206. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “ASSISTANT COMMISSIONER” MEANS THE ASSISTANT 14
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 15
(3) “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 16
UNIT. 17
(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 18
DIVISION OF LABOR AND INDUSTRY. 19
(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 20
[(a)] (D) The ASSISTANT Commissioner shall, SUBJECT TO THE APPRO VAL 21
OF THE COMMISSIONER , provide for and maintain a comprehensive and effective 22
program on occupational safety and health for employees of public bodies THAT IS 23
ADMINISTERED AND ENF ORCED BY THE UNIT. 24
[(b)] (E) The program under this section shall: 25
(1) be generally consistent with this title; [and] 26
(2) require each public body to: 27
(i) provide conditions and places of employment that are safe and 28
healthful; 29 HOUSE BILL 176 9
(ii) develop, conduct, and maintain in each unit of the public body a 1
program of self–inspection that the ASSISTANT Commissioner approves AND MONITORS ; 2
(iii) keep and make available to the ASSISTANT Commissioner each 3
record that the Commissioner requires under this title and for development of information 4
about occupational accidents, illnesses, and injuries, to allow proper evaluation and 5
necessary corrective action; and 6
(iv) submit each report that the Commissioner requires; AND 7
(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 8
(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRAM DEVELOPED , 9
CONDUCTED , AND MAINTAINED BY THE UNIT THAT: 10
(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 11
WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 12
(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 13
PRODUCE THE MOST COM PLAINTS AND CITATION S; 14
(III) INCLUDES RANDOM INSP ECTIONS THAT OCCUR WI THOUT 15
NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 16
(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 17
CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 18
TRADITIONAL WORKPLAC E BUT INSTEAD WORK A T VARYING ASSIGNED F IELDWORK 19
LOCATIONS; AND 20
(V) OTHERWISE COMPLIES W ITH THE INSPECTION 21
REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 22
[(c) The Commissioner shall monitor the program of each public body for 23
self–inspection. 24
(d) The penalties under Subtitle 8 of this title do not apply to a public body.] 25
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 26
BEFORE JULY 1 EACH YEAR THE ASSISTANT COMMISSIONER SHALL PU BLISH 27
ONLINE A WRITTEN REP ORT ON SAFETY AND HE ALTH IN PUBLIC BODIE S. 28
(2) THE REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 29
INCLUDE: 30
10 HOUSE BILL 176
(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 1
(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 2
THE IMMEDIATELY PREC EDING YEAR; 3
(III) A SUMMARY OF TRENDIN G SAFETY AND HEALTH ISSUES 4
RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 5
(IV) A LIST OF ANY: 6
1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 7
THE WORKPLACES OF PU BLIC BODIES DURING T HE IMMEDIATELY PRECE DING YEAR; 8
AND 9
2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 10
IMMEDIATELY PRECEDIN G YEAR. 11
(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 12
AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM INS PECTING A 13
PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 14
5–207. 15
(A) On request of the Commissioner, the Attorney General may proceed in a State 16
or federal court or before any other federal unit: 17
(1) to enforce a decision of the Commissioner under this title; 18
(2) subject to § 3–302 of the State Finance and Procurement Article, to 19
collect a civil penalty that is assessed by order of the Commissioner under this title; or 20
(3) to enforce any other order of the Commissioner under this title. 21
(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 22
A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 23
(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 24
OF THE PUBLIC BODY A ND ANY EMPLOYEE R EPRESENTATIVES ; AND 25
(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 26
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 27
5–208. 28
HOUSE BILL 176 11
(a) The Commissioner or authorized representative of the Commissioner may 1
enter a place of employment where work is performed, without delay at any reasonable 2
time, to: 3
(1) inspect the place of employment; 4
(2) investigate all pertinent apparatus, conditions, devices, equipment, 5
materials, [and] structures, AND VEHICLES at the place of employment; and 6
(3) question privately an agent, employee, or employer. 7
(b) (1) Subject to any regulation that the Commissioner adopts to carry out 8
this title, a representative chosen by employees and a representative of the employer shall 9
be given an opportunity to accompany the Commissioner or an authorized representative 10
of the Commissioner during an inspection under this subtitle. 11
(2) If there is no authorized employee representative, the Commissioner 12
shall consult with a reasonable number of employees about safety and health in the place 13
of employment. 14
(c) (1) Before or during an inspection, an employee or authorized 15
representative of employees in a place of employment or authorized representative of the 16
Commissioner may give the Commissioner written notice of any violation of this title that 17
the employee or representative has reason to believe exists at the place of employment of 18
the employee. 19
(2) The Commissioner shall set, by regulation, procedures for informal 20
review of any refusal to issue a citation on the basis of notice under this subsection. 21
(3) If an employee or authorized representative of employees asks for 22
informal review under this subsection, the Commissioner shall give the employee or 23
representative a written statement of the reasons for the final disposition. 24
(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTATIVE OF THE 25
COMMISSIONER MAY : 26
(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 27
ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 28
BEHALF OF THE PUBLIC BODY; AND 29
(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 30
PUBLIC BODY HAS CAUS E TO ENTER WHILE ACC OMPANYING THE EMPLOY EE. 31
5–211. 32
12 HOUSE BILL 176
(a) Whenever an individual who is authorized to inspect property in the State is 1
denied access after the individual makes a proper request to the owner, lessee, or other 2
person in charge of the property, the individual may apply to the District Court for an 3
administrative search warrant under this section. 4
(b) Each application under this section shall: 5
(1) state the nature, purpose, and scope of the inspection; and 6
(2) show that: 7
(i) the applicant: 8
1. is authorized by law to inspect the property to which 9
access was denied; and 10
2. requested access at a reasonable time; 11
(ii) access was denied; and 12
(iii) the inspection is for a purpose related to safety or health. 13
(c) (1) An application may not be submitted to the District Court unless 14
approved by the Attorney General. 15
(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 16
SAFETY AND HEALTH OR AN AUTHORIZED REPRES ENTATIVE OF THE ASSISTANT 17
COMMISSIONER APPLIES FOR AN ADMINISTRATIV E SEARCH WARRANT UND ER 18
SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 19
AND EXPEDITE REVIEW OF THE APPLICATION . 20
(d) On application in accordance with this section, the District Court may issue 21
an administrative search warrant. 22
5–212. 23
(a) (1) Except as provided in paragraph (2) of this subsection, if after an 24
inspection or investigation, the Commissioner or authorized representative of the 25
Commissioner is of the opinion that an employer has violated a duty under this title or an 26
order passed under this title or an occupational safety and health standard or other 27
regulation adopted to carry out this title, the Commissioner or authorized representative 28
shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 29
of 90 days from the date of the closing conference on the inspection or investigation or 6 30
months from the occurrence of the violation. 31
HOUSE BILL 176 13
(2) If the incident investigated by the Commissioner involves a fatality or 1
serious physical harm, the Commissioner shall issue a citation with reasonable 2
promptness, not to exceed 6 months from occurrence of the violation. 3
(3) If an employer to whom a citation is issued is a unit of the State 4
government, the Commissioner or authorized representative shall send a copy of the 5
citation to the secretary of the principal department to which the unit is assigned or, if the 6
unit is not part of a principal department, the head of the unit. 7
(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 8
BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 9
AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 10
CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BO DY AND ANY LEGISLATIVE BODY T HAT 11
HAS OVERSIGHT OF THE PUBLIC BODY. 12
(b) Each citation under this section shall: 13
(1) be in writing; 14
(2) describe, with particularity, the nature of the alleged violation; 15
(3) reference the provision of this title, order, or occupational safety and 16
health standard or other regulation that the employer is alleged to have violated; and 17
(4) set a reasonable period for abatement and correction of the alleged 18
violation. 19
(c) (1) In accordance with any regulation that the Commissioner adopts to 20
carry out this title, an employer who is issued a citation shall post the citation or a copy of 21
it conspicuously at or near each place where the citation alleges a violation occurred. 22
(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 23
(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 24
BY E–MAIL A COPY OF THE C ITATION TO ALL AFFEC TED EMPLOYEES . 25
(d) The Commissioner may establish, by regulation, procedures for issuance of a 26
notice instead of a citation for a de minimis violation that has no direct or immediate 27
relationship to safety or health. 28
(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 29
COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 30
(C) OF THIS SECTION , THE PUBLIC BODY IS SUBJECT TO A CIVI L PENALTY OF $500 31
PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 32
IN COMPLIANCE . 33
14 HOUSE BILL 176
(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 2
DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 3
5–308. 4
(A) [The] SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE Board shall 5
advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 6
(1) to prevent conditions that are detrimental to safety and health in each 7
employment or place of employment in the State; and 8
(2) that the Board finds are necessary to protect and to improve the safety 9
and health of employees on the basis of circumstantial evidence and information that: 10
(i) is developed by the Commissioner; 11
(ii) is available to the Commissioner; or 12
(iii) is submitted by an interested person to the Board at a public 13
hearing held under § 5–310(d) of this subtitle. 14
(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTION (A) OF THIS 15
SECTION WITH RESPECT TO PUBLIC BODIES , THE BOARD SHALL: 16
(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 17
AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 18
(2) RECOMMEND HIGHER STA NDARDS, IF WARRANTED . 19
5–702. 20
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 21
Commissioner may require, by regulation, that an employer keep: 22
[(1)] (I) an accurate record of: 23
[(i)] 1. each work–related death; 24
[(ii)] 2. each work–related illness; and 25
[(iii)] 3. each work–related injury other than a minor injury that 26
requires only first aid treatment and does not involve loss of consciousness, medical 27
treatment, restriction of motion or work, or transfer to another job; and 28
HOUSE BILL 176 15
[(2)] (II) each other record about an activity of the employer under this 1
title that the Commissioner considers appropriate or necessary to develop information 2
about the causes and prevention of occupational accidents, illnesses, and injuries. 3
(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGU LATION 4
THAT EACH PUBLIC BOD Y KEEP AN ACCURATE R ECORD OF THE INFORMA TION 5
DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 6
(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 7
A QUARTERLY REPORT O F THE RECORDS REQUIR ED UNDER SUBPARAGRAP H (I) OF 8
THIS PARAGRAPH IN THE FORM AND MANNER THE COMMISSIONER REQUIRES . 9
(b) Each employer shall make available to the Commissioner each record that the 10
employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 11
(c) An employer shall report orally to the Commissioner an employment accident 12
within 8 hours after it occurs if the accident results in: 13
(1) the death of an employee; or 14
(2) hospitalization of at least three employees. 15
[5–801. 16
The penalties in this subtitle do not apply to a public body.] 17
5–804. 18
(a) A person may not knowingly make a false certification, false representation, 19
or false statement in an application, plan, record, report, or other document that is filed or 20
required to be kept under this title. 21
(b) A person who violates any provision of subsection (a) of this section is guilty 22
of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 23
imprisonment not exceeding 6 months or both. 24
(C) (1) A PERSON WHO HOLDS POL ITICAL OFFICE IN THE STATE, 25
WHETHER ELECTED OR APP OINTED, OR ANY OTHER POSITIO N OF PROFIT OR TRUST 26
IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 27
STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 28
VIOLATES ANY PROVISI ON OF SUBSECTION (A) OF THIS SECTION IS GUILTY OF A 29
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $20,000 30
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 31
16 HOUSE BILL 176
(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 1
SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE IMPOSED FOR ANY CRIME 2
BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS SUBSECTI ON. 3
5–811. 4
(a) (1) If a civil penalty that is assessed under this title is not paid in full 5
within 30 days after the penalty becomes final, the Commissioner or the Central Collection 6
Unit may proceed in the District Court to enforce payment. 7
(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 8
UNDER THIS TITLE IS NOT PAID IN FULL: 9
(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 10
COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 11
AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 12
THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 13
AND 14
(II) WITHIN 75 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 15
COMMISSIONER MAY INCREASE THE PENALTY BY UP TO FIV E TIMES THE INITIAL 16
PENALTY AMOUNT . 17
(b) In a proceeding under this subsection, the Commissioner or the Central 18
Collection Unit is entitled to judgment in the amount of the civil penalty that remains 19
unpaid on a showing that: 20
(1) the penalty was assessed against the defendant; 21
(2) the penalty has become final; 22
(3) no appeal is pending; 23
(4) the penalty is wholly or partly unpaid; and 24
(5) the defendant: 25
(i) was duly served with a copy of the citation in accordance with 26
the applicable regulations of the Commissioner; or 27
(ii) contested the citation for which the penalty was assessed. 28
5–812. 29
HOUSE BILL 176 17
(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 1
EACH civil penalty under this title shall be paid into the General Fund of the State. 2
(B) THE REVENUES FROM THE CIVIL PENALTIES ASSE SSED AGAINST A 3
PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 4
USED ONLY FOR THE MARYLAND APPRENTICESHIP AND TRAINING PROGRAM. 5
SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 6
5–1301. 7
IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 8
TITLE. 9
5–1302. 10
(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 11
SAFETY AND HEALTH ST ANDARDS ESTABLISHED UNDER THIS TITLE STANDARDS 12
FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIO LENCE. 13
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 14
OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 15
SHALL ADOPT REGULATI ONS TO CARRY OUT TH IS SECTION. 16
(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (B) OF THIS 17
SECTION, THE COMMISSIONER SHALL : 18
(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 19
PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 20
SAFETY AND HEALTH ADMINISTRATION AND THE NATIONAL INSTITUTE FOR 21
OCCUPATIONAL SAFETY AND HEALTH; 22
(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 23
CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 24
THE BEST WAYS TO PRE VENT WORKPLACE VIOLE NCE; AND 25
(3) HOLD MEET INGS IN AT LEAST FOU R GEOGRAPHICALLY DIV ERSE 26
LOCATIONS IN THE STATE TO RECEIVE INPU T FROM INTERESTED PA RTIES ON THE 27
BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30