EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2025
CHAPTER ______
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; requiring the Correctional Training Commission to adopt certain 6
regulations for the training, issuance, and use of body–worn cameras; requiring each 7
correctional unit to develop and maintain a certain written policy for the use of 8
body–worn cameras by correctional officers, subject to a certain exception; 9
establishing that it is lawful for a correctional officer to intercept certain 10
communications by use of a body–worn camera under certain circumstances; 11
establishing the Public Employees’ Safety and Health Unit in the Division of Labor 12
and Industry to administer and enforce certain provisions regarding the oversight of 13
workplace safety and health of employees of certain public bodies; altering the 14
Maryland Occupational Safety and Health Act as it applies to certain public bodies; 15
repealing the prohibition on certain penalties being applied to public bodies; 16
requiring the Attorney General to provide certain notices and prioritize certain 17
requests for administrative warrants; requiring the revenues from certain civil 18
penalties to be used for the Maryland Apprenticeship and Training Program; 19
requiring the Commissioner of Labor and Industry, in consultation with the 20
Occupational Safety and Health Advisory Board, to adopt regulations that protect 21
employees of public bodies from workplace violence; and generally relating to the 22
Maryland Occupational Safety and Health Act public employee safety and health. 23
2 HOUSE BILL 176
BY adding to 1
Article – Correctional Services 2
Section 8–211 3
Annotated Code of Maryland 4
(2017 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Courts and Judicial Proceedings 7
Section 10–402(c)(11) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Labor and Employment 12
Section 2–104(b), 5–101, 5–102, 5–104, 5–202, 5–202(b)(1), 5–205(h), 5–206, 5–207, 13
5–208, 5–211, 5–212, 5–308, 5–702, 5–804, 5–811, 5–702(a), and 5–812 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2024 Supplement) 16
BY repealing 17
Article – Labor and Employment 18
Section 5–801 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2024 Supplement) 21
BY adding to 22
Article – Labor and Employment 23
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 24
Preventing Workplace Violence” 25
Annotated Code of Maryland 26
(2016 Replacement Volume and 2024 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Correctional Services 30
8–211. 31
(A) ON OR BEFORE JANUARY 1, 2026, THE COMMISSION SHALL ADOP T 32
REGULATIONS FOR THE TRAINING, ISSUANCE, AND USE OF A BODY –WORN CAMERA 33
BY A CORRECTIONAL OF FICER THAT ADDRESSES : 34
(1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 35
FUNCTIONING ; 36
HOUSE BILL 176 3
(2) THE PROCEDURE FOR TH E CORRECTIONAL OFFIC ER TO FOLLOW 1
IF THE CAMERA FAILS TO PROPERLY OPERATE AT THE BEGINNING OF OR DURING 2
THE CORRECTIONAL OFF ICER’S SHIFT; 3
(3) WHEN RECORDING IS MA NDATORY; 4
(4) WHEN RECORDING IS PR OHIBITED; 5
(5) WHEN RECORDING IS DI SCRETIONARY ; 6
(6) WHEN RECORDING MAY R EQUIRE CONSENT OF A SUBJECT BEING 7
RECORDED; 8
(7) WHEN A RECORDING MAY BE ENDED; 9
(8) PROVIDING NOTICE OF RECORDING; 10
(9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 11
(10) THE SECURE STORAGE OF DA TA FROM A BODY –WORN CAMERA ; 12
(11) REVIEW AND USE OF RE CORDINGS; 13
(12) RETENTION OF RECORDI NGS; 14
(13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 15
(14) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 16
BECOMES A PARTY TO T HE COMMUNICATION FOLLOW ING THE INITIAL 17
NOTIFICATION; 18
(15) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THERE IS AN 19
EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 20
(16) THE PROCEDURES FOR A CORRECTIONAL OFFICER TO FOLLOW IF 21
THE CORRECTIONAL OFF ICER REGULARLY INTERACTS WITH MEMBERS OF THE 22
PUBLIC OUTSIDE AS PA RT OF THE CORRECTION AL OFFICER’S OFFICIAL DUTIES. 23
(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH 24
CORRECTIONAL UNIT SH ALL DEVELOP AND MAIN TAIN A WRITTEN POLIC Y 25
CONSISTENT WITH THE REGULATIONS ADOP TED BY THE COMMISSION UNDER 26
SUBSECTION (A) OF THIS SECTION FOR THE USE OF BODY –WORN CAMERAS . 27
(2) A POLICY DEVELOPED AND MAINTAINED UNDER PAR AGRAPH (1) 28
OF THIS SUBSECTION S HALL BE A MANDATORY SUBJECT OF COLLECTIV E 29 4 HOUSE BILL 176
BARGAINING WITH THE EMPLOYEE ORGANIZATIO N CERTIFIED AS EXCLU SIVE 1
REPRESENTATIVE . 2
(C) (1) THIS SUBSECTION APPLI ES ONLY TO A LOCAL C ORRECTIONAL 3
FACILITY. 4
(2) A LOCAL CORRECTIONAL F ACILITY MAY NOT BE R EQUIRED TO 5
ADOPT THE USE OF BOD Y–WORN CAMERAS BY CORR ECTIONAL OFFICERS . 6
(3) IF A LOCAL CORRECTION AL FACILITY ADOPTS T HE USE OF 7
BODY–WORN CAMERAS , THE LOCAL CORRECTION AL FACILITY SHALL DE VELOP AND 8
MAINTAIN A WRITTEN P OLICY CONSISTENT WIT H THE REGULATIONS AD OPTED BY 9
THE COMMISSION UNDER SUBS ECTION (A) OF THIS SECTION FOR THE USE OF 10
BODY–WORN CAMERAS . 11
Article – Courts and Judicial Proceedings 12
10–402. 13
(c) (11) (i) 1. In this paragraph the following words have the meanings 14
indicated. 15
2. “Body–worn digital recording device” means a device worn 16
on the person of a law enforcement officer OR A CORRECTIONAL OF FICER that is capable 17
of recording video and intercepting oral communications. 18
3. “Electronic control device” has the meaning stated in § 19
4–109 of the Criminal Law Article. 20
(ii) It is lawful under this subtitle for a law enforcement officer OR 21
A CORRECTIONAL OFFIC ER in the course of the officer’s regular duty to intercept an oral 22
communication with a body–worn digital recording device or an electronic control device 23
capable of recording video and oral communications if: 24
1. The law enforcement officer OR CORRECTIONAL 25
OFFICER is in uniform or prominently displaying the officer’s badge or other insignia; 26
2. The law enforcement officer OR CORRECTIONAL 27
OFFICER is making reasonable efforts to conform to standards in accordance with § 3–511 28
of the Public Safety Article OR § 8–211 OF THE CORRECTIONAL SERVICES ARTICLE for 29
the use of body–worn digital recording devices or electronic control devices capable of 30
recording video and oral communications; 31
3. The law enforcement officer OR CORRECTIONAL 32
OFFICER is a party to the oral communication; 33 HOUSE BILL 176 5
4. Law enforcement OR THE CORRECTIONAL OFFICER 1
notifies, as soon as is practicable, the individual that the individual is being recorded, 2
unless it is unsafe, impractical, or impossible to do so; and 3
5. The oral interception is being made as part of a videotape 4
or digital recording. 5
(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 6
not affect the admissibility in court of the recording if the failure to notify involved an 7
individual who joined a discussion in progress for which proper notification was previously 8
given. 9
Article – Labor and Employment 10
2–104. 11
(b) (1) The Commissioner shall appoint an Assistant Commissioner for 12
Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 13
EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 14
(2) The [Assistant Commissioner is] ASSISTANT CO MMISSIONERS ARE 15
in the management service in the State Personnel Management System and serves at the 16
pleasure of the Commissioner. 17
(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 18
entitled to the salary provided in the State budget. 19
5–101. 20
(a) In this title the following words have the meanings indicated. 21
(b) “Commissioner” means the Commissioner of Labor and Industry. 22
(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 23
individual whom an employer employs, for a wage or other compensation, in the business 24
of the employer. 25
(2) “Employee” includes: 26
(i) an individual whom a [governmental unit] PUBLIC BODY 27
employs; 28
(ii) an individual who is licensed as a taxicab driver and leases or 29
rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 30
6 HOUSE BILL 176
(iii) an individual who is employed for part–time or temporary help 1
by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 2
employs individuals to provide part–time or temporary help to another [governmental unit] 3
PUBLIC BODY or person; and 4
(iv) an individual who performs work for a [governmental unit] 5
PUBLIC BODY or person to whom the individual is provided by another [governmental 6
unit] PUBLIC BODY or person who engages in a business that directly employs individuals 7
to provide part–time or temporary help. 8
(d) (1) “Employer” means: 9
(i) except as provided in § 5–401 of this title, a person who is 10
engaged in commerce, industry, trade, or other business in the State and employs at least 11
one employee in that business; or 12
(ii) a public body. 13
(2) “Employer” includes: 14
(i) a person who operates or owns a taxicab business in Baltimore 15
City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 16
public; 17
(ii) a governmental unit PUBLIC BODY or person who engages in a 18
business that directly employs individuals to provide part–time or temporary help to 19
another governmental unit PUBLIC BODY or person; and 20
(iii) a governmental unit PUBLIC BODY or person who contracts 21
directly with another governmental unit PUBLIC BODY or person who engages in a 22
business that directly employs individuals to provide part–time or temporary help to 23
another governmental unit PUBLIC BODY or person. 24
(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 25
OF A PUBLIC BODY GOE S TO CONDUCT WORK ON BEHALF OF THE PUBLIC BODY THAT 26
IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 27
(2) “FIELDWORK LOCAT ION” INCLUDES A DRIVING R OUTE THAT AN 28
EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUTIES FOR THE 29
PUBLIC BODY. 30
(F) “Occupational safety and health standard” means a regulation that requires: 31
(1) a condition that is reasonably appropriate or necessary to make 32
employment and places of employment safe and healthful; or 33 HOUSE BILL 176 7
(2) the adoption or use of a means, method, operation, practice, or process 1
that is reasonably appropriate or necessary to make employment and places of employment 2
safe and healthful. 3
[(f)] (G) “Person” includes a successor. 4
[(g)] (H) (1) “Place of employment” means a place in or about which an 5
employee is allowed to work. 6
(2) “PLACE OF EMPLOYMENT ” INCLUDES: 7
(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 8
PUBLIC BODY; AND 9
(II) A FIELDWORK LOCATION . 10
[(h)] (I) “Public body” means: 11
(1) a governmental unit; 12
(2) a public or quasi–public corporation of the State; 13
(3) a school district in the State or any unit of the district; or 14
(4) a special district in the State or any unit of the district. 15
(J) (I) (1) “WORKPLACE VIOLENCE ” MEANS AN ACT OF VIOL ENCE OR A 16
THREAT OF VIOLENCE T HAT OCCURS AT A PLAC E OF EMPLOYMENT AND THAT IS NOT 17
A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 18
(2) “WORKPLACE VIOLEN CE” INCLUDES, REGARDLESS OF WHETHE R 19
THE EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGI CALLY INJURED : 20
(I) USING OR THREATENING TO USE PHYSICAL FORC E AGAINST 21
AN EMPLOYEE ; OR 22
(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 23
USE OF A FIREARM OR OTHER DAN GEROUS WEAPON . 24
5–102. 25
(a) The General Assembly finds that: 26
8 HOUSE BILL 176
(1) personal injuries and illnesses that arise out of conditions of 1
employment substantially burden employers and employees in terms of lost production, 2
medical expenses, disability compensation payments, and lost wages; [and] 3
(2) the prevention of these injuries and illnesses is in the best interest and 4
welfare of the people and the State; AND 5
(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 6
MAINTAINING SAFE AND HEALTHY WORKPLACES . 7
(b) The purposes of this title are to ensure, to the extent practicable, that each 8
working [man and woman] INDIVIDUAL in the State has working conditions that are safe 9
and healthful and to preserve human resources by: 10
(1) providing that employers and employees have separate but dependent 11
responsibilities and rights with respect to making working conditions safe and healthful; 12
(2) providing for the development and adoption of occupational safety and 13
health standards, INCLUDING STANDARDS THAT ADDRESS W ORKPLACE VIOLENCE ; 14
(3) providing for training and other education of personnel so that 15
occupational safety and health standards are administered fairly and efficiently; 16
(4) providing an effective compliance and enforcement program under this 17
title; 18
(5) encouraging employers and employees to: 19
(i) reduce the number of occupational health and safety hazards at 20
their places of employment; and 21
(ii) create or improve programs to make working conditions safe and 22
healthful; 23
(6) encouraging joint efforts of labor and management to reduce diseases 24
and injuries that arise out of employment; 25
(7) building on advances already made through the initiatives of employers 26
and employees to make working conditions safe and healthful; 27
(8) developing innovative approaches, methods, and techniques to deal 28
with occupational safety and health problems; 29
(9) providing for research in the field of occupational safety and health; 30
HOUSE BILL 176 9
(10) conducting research on occupational health problems, including 1
research to: 2
(i) identify causal connections between diseases and work in 3
environmental conditions; and 4
(ii) explore ways to discover latent diseases; 5
(11) providing medical criteria to ensure, to the extent practicable, that 6
work does not diminish the functional capacity, health, or life expectancy of an employee; 7
(12) providing for reporting procedures on occupational safety and health 8
that are appropriate to help to achieve the purposes of this title and to describe accurately 9
the nature of occupational safety and health problems; 10
(13) providing for the dissemination of information about health and safety 11
hazards posed by toxic and hazardous substances to which workers are exposed; 12
(14) requiring employers to educate employees who work with hazardous 13
substances about the hazards of the substances and about safe procedures; 14
(15) requiring employers to give information to governmental units PUBLIC 15
BODIES that are charged with fire protection, to protect the health and safety of firefighters 16
and the public; [and] 17
(16) providing information and incentives for employers and employees to 18
make ridesharing arrangements; AND 19
(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 20
HEALTHFUL BY REQUIRI NG: 21
(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGRAMS AND 22
PLANS RELATED TO WOR KPLACE VIOLENCE ; 23
(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 24
REGULARLY ; AND 25
(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 26
THAT: 27
1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 28
ARE SAFE AND HEALT HY; AND 29
2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 30
THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF THEIR 31
CAREERS. 32 10 HOUSE BILL 176
5–104. 1
(a) Each employer shall provide each employee of the employer with employment 2
and a place of employment that are: 3
(1) safe and healthful; and 4
(2) free from each recognized hazard that is causing or likely to cause death 5
or serious physical harm to the employee. 6
(b) (1) Each employer shall comply with this title, each applicable regulation 7
that the Commissioner adopts to carry out this title, and each applicable order that the 8
Commissioner passes under this title. 9
(2) Each employee shall comply with this title and, when applicable to the 10
employee’s actions and conduct in the course of employment, each regulation that the 11
Commissioner passes under this title. 12
(c) (1) Each employer shall keep its employees informed of their protections 13
and duties under this title, including each applicable occupational safety and health 14
standard, by: 15
[(1)] (I) posting notice where notices to employees normally are posted; 16
or 17
[(2)] (II) using other appropriate means. 18
(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 19
THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND BY E–MAIL MAKE 20
AVAILABLE TO EACH OF ITS EMPLOYEES A COPY OF: 21
(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 22
FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 23
AND 24
(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 25
BODY IN THE IMMEDIAT ELY PRECEDING YEAR, IF ANY. 26
5–202. 27
(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 29
ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 30
[health] HEALTH any duty or function of the Commissioner under this title. 31
HOUSE BILL 176 11
(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 1
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 2
FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 3
WITH RESPECT TO PUBLIC BO DIES. 4
(b) (1) The Commissioner may enter into a written agreement with a 5
governmental unit PUBLIC BODY to delegate any power of inspection under this title. 6
(2) An agreement under this subsection shall: 7
(i) specify the procedure to be used in an inspection under the 8
agreement; 9
(ii) enable the Commissioner to monitor an inspection power under 10
the agreement; and 11
(iii) enable the Commissioner to revoke the agreement at any time. 12
5–205. 13
(h) With the consent of a [governmental unit] PUBLIC BODY, the Commissioner 14
may use an employee, facility, or service of the [governmental unit] PUBLIC BODY, with or 15
without reimbursement, to help the Commissioner carry out a function under this title. 16
5–206. 17
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 20
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 21
(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 22
UNIT. 23
(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 24
DIVISION OF LABOR AND INDUSTRY. 25
(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 26
[(a)] (D) The ASSISTANT Commissioner shall, SUBJECT TO THE APPRO VAL 27
OF THE COMMISSIONER , provide for and maintain a comprehensive and effective 28
program on occupational safety and health for employees of public bodies THAT IS 29
ADMINISTERED AND ENF ORCED BY THE UNIT. 30
12 HOUSE BILL 176
[(b)] (E) The program under this section shall: 1
(1) be generally consistent with this title; [and] 2
(2) require each public body to: 3
(i) provide conditions and places of employment that are safe and 4
healthful; 5
(ii) develop, conduct, and maintain in each unit of the public body a 6
program of self–inspection that the ASSISTANT Commissioner approves AND MONITORS ; 7
(iii) keep and make available to the ASSISTANT Commissioner each 8
record that the Commissioner requires under this title and for development of information 9
about occupational accidents, illnesses, and injuries, to allow proper evaluation and 10
necessary corrective action; and 11
(iv) submit each report that the Commissioner requires; AND 12
(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 13
(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRAM DEVELOPED , 14
CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 15
(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 16
WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 17
(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 18
PRODUCE THE MOST COM PLAINTS AND CITATION S; 19
(III) INCLUDES RANDOM INSP ECTIONS THAT OCCUR W ITHOUT 20
NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 21
(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 22
CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 23
TRADITIONAL WORKPLAC E BUT INSTEAD WORK AT VARYIN G ASSIGNED FIELDWORK 24
LOCATIONS; AND 25
(V) OTHERWISE COMPLIES W ITH THE INSPECTION 26
REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 27
[(c) The Commissioner shall monitor the program of each public body for 28
self–inspection. 29
(d) The penalties under Subtitle 8 of this title do not apply to a public body.] 30
HOUSE BILL 176 13
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 1
BEFORE JULY 1 EACH YEAR THE ASSISTANT COMMISSIONER SHALL PU BLISH 2
ONLINE A WRITTEN REP ORT ON SAFETY AND HE ALTH IN PUBLIC BODIE S. 3
(2) THE REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 4
INCLUDE: 5
(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 6
(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 7
THE IMMEDIATELY PREC EDING YEAR; 8
(III) A SUMMARY OF TRENDIN G SAFETY AND HEALTH ISSUES 9
RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 10
(IV) A LIST OF ANY: 11
1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 12
THE WORKPLACES OF PU BLIC BODIES DURING T HE IMMEDIATELY PRECE DING YEAR; 13
AND 14
2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 15
IMMEDIATELY PRECEDIN G YEAR. 16
(3) ON OR BEFORE JULY 1 EACH YEAR, THE COMMISSIONER SHALL 17
SUBMIT THE REPORT RE QUIRED TO BE PUBLISH ED UNDER PARAGRAPH (1) OF THIS 18
SUBSECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 19
STATE GOVERNMENT ARTICLE. 20
(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 21
AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM INS PECTING A 22
PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 23
5–207. 24
(A) On request of the Commissioner, the Attorney General may proceed in a State 25
or federal court or before any other federal unit: 26
(1) to enforce a decision of the Commissioner under this title; 27
(2) subject to § 3–302 of the State Finance and Procurement Article, to 28
collect a civil penalty that is assessed by order of the Commissioner under this title; or 29
(3) to enforce any other order of the Commissioner under this title. 30
14 HOUSE BILL 176
(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 1
A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 2
(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 3
OF THE PUBLIC BODY A ND ANY EMPLOYEE REPR ESENTATIVES; AND 4
(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 5
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 6
5–208. 7
(a) The Commissioner or authorized representative of the Commissioner may 8
enter a place of employment where work is performed, without delay at any reasonable 9
time, to: 10
(1) inspect the place of employment; 11
(2) investigate all pertinent apparatus, conditions, devices, equipment, 12
materials, [and] structures, AND VEHICLES at the place of employment; and 13
(3) question privately an agent, employee, or employer. 14
(b) (1) Subject to any regulation that the Commissioner adopts to carry out 15
this title, a representative chosen by employees and a representative of the employer shall 16
be given an opportunity to accompany the Commissioner or an authorized representative 17
of the Commissioner during an inspection under this subtitle. 18
(2) If there is no authorized employee representative, the Commissioner 19
shall consult with a reasonable number of employees about safety and health in the place 20
of employment. 21
(c) (1) Before or during an inspection, an employee or authorized 22
representative of employees in a place of employment or authorized representative of the 23
Commissioner may give the Commissioner written notice of any violation of this title that 24
the employee or representative has reason to believe exists at the place of employment of 25
the employee. 26
(2) The Commissioner shall set, by regulation, procedures for informal 27
review of any refusal to issue a citation on the basis of notice under this subsection. 28
(3) If an employee or authorized representative of employees asks for 29
informal review under this subsection, the Commissioner shall give the employee or 30
representative a written statement of the reasons for the final disposition. 31
(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTATIVE OF THE 32
COMMISSIONER MAY : 33 HOUSE BILL 176 15
(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 1
ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 2
BEHALF OF THE PUBLIC BODY; AND 3
(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 4
PUBLIC BODY HAS CAUS E TO ENTER WHILE ACC OMPANYING THE EMPLOYEE . 5
5–211. 6
(a) Whenever an individual who is authorized to inspect property in the State is 7
denied access after the individual makes a proper request to the owner, lessee, or other 8
person in charge of the property, the individual may apply to the District Court for an 9
administrative search warrant under this section. 10
(b) Each application under this section shall: 11
(1) state the nature, purpose, and scope of the inspection; and 12
(2) show that: 13
(i) the applicant: 14
1. is authorized by law to inspect the property to which 15
access was denied; and 16
2. requested access at a reasonable time; 17
(ii) access was denied; and 18
(iii) the inspection is for a purpose related to safety or health. 19
(c) (1) An application may not be submitted to the District Court unless 20
approved by the Attorney General. 21
(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 22
SAFETY AND HEALTH OR AN AUTHORIZED REP RESENTATIVE OF THE ASSISTANT 23
COMMISSIONER APPLIES FOR AN ADMINISTRATIV E SEARCH WARR ANT UNDER 24
SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 25
AND EXPEDITE REVIEW OF THE APPLICATION . 26
(d) On application in accordance with this section, the District Court may issue 27
an administrative search warrant. 28
5–212. 29
16 HOUSE BILL 176
(a) (1) Except as provided in paragraph (2) of this subsection, if after an 1
inspection or investigation, the Commissioner or authorized representative of the 2
Commissioner is of the opinion that an employer has violated a duty under this title or an 3
order passed under this title or an occupational safety and health standard or other 4
regulation adopted to carry out this title, the Commissioner or authorized representative 5
shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 6
of 90 days from the date of the closing conference on the inspection or investigation or 6 7
months from the occurrence of the violation. 8
(2) If the incident investigated by the Commissioner involves a fatality or 9
serious physical harm, the Commissioner shall issue a citation with reasonable 10
promptness, not to exceed 6 months from occurrence of the violation. 11
(3) If an employer to whom a citation is issued is a unit of the State 12
government, the Commissioner or authorized representative shall send a copy of the 13
citation to the secretary of the principal department to which the unit is assigned or, if the 14
unit is not part of a principal department, the head of the unit. 15
(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 16
BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 17
AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 18
CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BO DY AND ANY LEGISLATI VE BODY THAT 19
HAS OVERSIGHT OF THE PUBLIC BODY. 20
(b) Each citation under this section shall: 21
(1) be in writing; 22
(2) describe, with particularity, the nature of the alleged violation; 23
(3) reference the provision of this title, order, or occupational safety and 24
health standard or other regulation that the employer is alleged to have violated; and 25
(4) set a reasonable period for abatement and correction of the alleged 26
violation. 27
(c) (1) In accordance with any regulation that the Commissioner adopts to 28
carry out this title, an employer who is issued a citation shall post the citation or a copy of 29
it conspicuously at or near each place where the citation alleges a violation occurred. 30
(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 31
(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 32
BY E–MAIL MAKE AVAILABLE A COPY OF THE CITATI ON TO ALL AFFECTED 33
EMPLOYEES. 34
HOUSE BILL 176 17
(d) The Commissioner may establish, by regulation, procedures for issuance of a 1
notice instead of a citation for a de minimis violation that has no direct or immediate 2
relationship to safety or health. 3
(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 4
COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 5
(C) OF THIS SECTION , THE PUBLIC BODY IS S UBJECT TO A CIVIL PE NALTY OF $500 6
PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 7
IN COMPLIANCE . 8
(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 9
SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 10
DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 11
5–308. 12
(A) [The] SUBJECT TO SU BSECTION (B) OF THIS SECTION , THE Board shall 13
advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 14
(1) to prevent conditions that are detrimental to safety and health in each 15
employment or place of employment in the State; and 16
(2) that the Board finds are necessary to protect and to improve the safety 17
and health of employees on the basis of circumstantial evidence and information that: 18
(i) is developed by the Commissioner; 19
(ii) is available to the Commissioner; or 20
(iii) is submitted by an interested person to the Board at a public 21
hearing held under § 5–310(d) of this subtitle. 22
(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 23
SECTION WITH RESPECT TO PUBLIC BODIES , THE BOARD SHALL: 24
(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 25
AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 26
(2) RECOMMEND HIGHER STA NDARDS, IF WARRANTED . 27
5–702. 28
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 29
Commissioner may require, by regulation, that an employer keep: 30
[(1)] (I) an accurate record of: 31 18 HOUSE BILL 176
[(i)] 1. each work–related death; 1
[(ii)] 2. each work–related illness; and 2
[(iii)] 3. each work–related injury other than a minor injury that 3
requires only first aid treatment and does not involve loss of consciousness, medical 4
treatment, restriction of motion or work, or transfer to another job; and 5
[(2)] (II) each other record about an activity of the employer under this 6
title that the Commissioner considers appropriate or necessary to develop information 7
about the causes and prevention of occupational accidents, illnesses, and injuries. 8
(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGULATION 9
THAT EACH PUBLIC BOD Y KEEP AN ACCURATE R ECORD OF THE INFORMA TION 10
DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 11
(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 12
A QUARTERLY REPORT O F THE RECORDS REQUIR ED UNDER SUBPARAGRAP H (I) OF 13
THIS PARAGRAPH IN TH E FORM AND MANNER TH E COMMISSIONER REQUIRES . 14
(b) Each employer shall make available to the Commissioner each record that the 15
employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 16
(c) An employer shall report orally to the Commissioner an employment accident 17
within 8 hours after it occurs if the accident results in: 18
(1) the death of an employee; or 19
(2) hospitalization of at least three employees. 20
[5–801. 21
The penalties in this subtitle do not apply to a public body.] 22
5–804. 23
(a) A person may not knowingly make a false certification, false representation, 24
or false statement in an application, plan, record, report, or other document that is filed or 25
required to be kept under this title. 26
(b) A person who violates any provision of subsection (a) of this section is guilty 27
of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 28
imprisonment not exceeding 6 months or both. 29
HOUSE BILL 176 19
(C) (1) A PERSON WHO HOLDS POL ITICAL OFFICE IN THE STATE, 1
WHETHER ELECTED OR A PPOINTED, OR ANY OTHER POSITIO N OF PROFIT OR TRUST 2
IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 3
STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 4
VIOLATES ANY PROVISI ON OF SUBSECTION (A) OF THIS SECTION IS G UILTY OF A 5
MISDEMEANOR AND ON C ONVICTION IS SUBJE CT TO A FINE NOT EXC EEDING $20,000 6
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 7
(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 8
SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE IMPOSED FOR ANY CRIME 9
BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS SUBSECTION. 10
5–811. 11
(a) (1) If a civil penalty that is assessed under this title is not paid in full 12
within 30 days after the penalty becomes final, the Commissioner or the Central Collection 13
Unit may proceed in the District Court to enforce payment. 14
(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 15
UNDER THIS TITLE IS NOT PAID IN FULL: 16
(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 17
COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 18
AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 19
THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 20
AND 21
(II) WITHIN 75 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 22
COMMISSIONER MAY INCR EASE THE PENALTY BY UP TO FIVE TIMES THE INITIAL 23
PENALTY AMOUNT. 24
(b) In a proceeding under this subsection, the Commissioner or the Central 25
Collection Unit is entitled to judgment in the amount of the civil penalty that remains 26
unpaid on a showing that: 27
(1) the penalty was assessed against the defendant; 28
(2) the penalty has become final; 29
(3) no appeal is pending; 30
(4) the penalty is wholly or partly unpaid; and 31
(5) the defendant: 32
20 HOUSE BILL 176
(i) was duly served with a copy of the citation in accordance with 1
the applicable regulations of the Commissioner; or 2
(ii) contested the citation for which the penalty was assessed. 3
5–812. 4
(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 5
EACH civil penalty under this title shall be paid into the General Fund of the State. 6
(B) THE REVENUES FROM THE CIVIL PENAL TIES ASSESSED AGAINS T A 7
PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 8
USED ONLY FOR THE MARYLAND APPRENTICESHIP AND TRAINING PROGRAM. 9
SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 10
5–1301. 11
IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 12
TITLE. 13
5–1302. 14
(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 15
SAFETY AND HEALTH ST ANDARDS ESTABLISHED UNDER THIS TITLE STA NDARDS 16
FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIOLEN CE. 17
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 18
OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 19
SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 20
(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (B) OF THIS 21
SECTION, THE COMMISSIONER SHALL : 22
(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 23
PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 24
SAFETY AND HEALTH ADMINISTRATION AND TH E NATIONAL INSTITUTE FOR 25
OCCUPATIONAL SAFETY AND HEALTH; 26
(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 27
CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 28
THE BEST WAYS TO PRE VENT WORKPLACE VIOLE NCE; AND 29
HOUSE BILL 176 21
(3) HOLD MEETINGS IN AT LEAST FOUR GEOGRAPHI CALLY DIVERSE 1
LOCATIONS IN THE STATE TO RECEIVE INPUT FROM INTERESTED PART IES ON THE 2
BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.