Maryland 2025 Regular Session

Maryland House Bill HB176 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0176
10	9
11	10		HOUSE BILL 176
12		-	K3, P1, L6 (5lr1547)
13		-	ENROLLED BILL
14		-	— Appropriations/Finance —
15		-	Introduced by Delegate Solomon
16		-
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at _________________ _______ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	Speaker.
	11	+	K3, P1, L6 5lr1547
	12	+	(PRE–FILED) CF SB 26
	13	+	By: Delegate Solomon
	14	+	Requested: October 31, 2024
	15	+	Introduced and read first time: January 8, 2025
	16	+	Assigned to: Appropriations
	17	+	Committee Report: Favorable with amendments
	18	+	House action: Adopted
	19	+	Read second time: March 1, 2025
30	20
31	21		CHAPTER ______
32	22
33	23		AN ACT concerning 1
34	24
35	25		Labor and Employment – Occupational Safety and Health – Revisions 2
36	26		(Davis Martinez Public Employee Safety and Health Act) 3
37	27
38	28		FOR the purpose of requiring the Commissioner of Labor and Industry to appoint an 4
39	29		Assistant Commissioner for Public Employees’ Safety and Health for certain 5
40	30		purposes; requiring the Correctional Training Commission to adopt certain 6
41	31		regulations for the training, issuance, and use of body–worn cameras; requiring each 7
42	32		correctional unit to develop and maintain a certain written policy for the use of 8
43	33		body–worn cameras by correctional officers, subject to a certain exception; 9
44	34		establishing that it is lawful for a correctional officer to intercept certain 10
45	35		communications by use of a body–worn camera under certain circumstances; 11
46	36		establishing the Public Employees’ Safety and Health Unit in the Division of Labor 12
47	37		and Industry to administer and enforce certain provisions regarding the oversight of 13
48	38		workplace safety and health of employees of certain public bodies; altering the 14
49		-	Maryland Occupational Safety and Health Act as it applies to certain public bodies; 15 2 HOUSE BILL 176
	39	+	Maryland Occupational Safety and Health Act as it applies to certain public bodies; 15
	40	+	repealing the prohibition on certain penalties being applied to public bodies; 16
	41	+	requiring the Attorney General to provide certain notices and prioritize certain 17
	42	+	requests for administrative warrants; requiring the revenues from certain civil 18
	43	+	penalties to be used for the Maryland Apprenticeship and Training Program; 19
	44	+	requiring the Commissioner of Labor and Industry, in consultation with the 20
	45	+	Occupational Safety and Health Advisory Board, to adopt regulations that protect 21
	46	+	employees of public bodies from workplace violence; and generally relating to the 22
	47	+	Maryland Occupational Safety and Health Act public employee safety and health. 23
	48	+	2 HOUSE BILL 176
50	49
51	50
52		-	repealing the prohibition on certain penalties being applied to public bodies; 1
53		-	requiring the Attorney General to provide certain notices and prioritize certain 2
54		-	requests for administrative warrants; requiring the revenues from certain civil 3
55		-	penalties to be used for the Maryland Apprenticeship and Training Program; 4
56		-	requiring the Commissioner of Labor and Industry, in consultation with the 5
57		-	Occupational Safety and Health Advisory Board, to adopt regulations that protect 6
58		-	employees of public bodies from workplace violence; providing that certain penalties 7
59		-	do not apply with respect to an elevator unit owned by a public body; and generally 8
60		-	relating to the Maryland Occupational Safety and Health Act public employee safety 9
61		-	and health. 10
	51	+	BY adding to 1
	52	+	Article – Correctional Services 2
	53	+	Section 8–211 3
	54	+	Annotated Code of Maryland 4
	55	+	(2017 Replacement Volume and 2024 Supplement) 5
62	56
63		-	BY ~~adding to 11~~
64		-	Article – ~~Correctional Services 12~~
65		-	Section 8~~–211 13~~
66		-	Annotated Code of Maryland 14
67		-	(~~2017~~ Replacement Volume and 2024 Supplement) 15
	57	+	BY repealing and reenacting, with amendments, 6
	58	+	Article – Courts and Judicial Proceedings 7
	59	+	Section 10–402(c)(11) 8
	60	+	Annotated Code of Maryland 9
	61	+	(2020 Replacement Volume and 2024 Supplement) 10
68	62
69		-	BY repealing and reenacting, with amendments, 16
70		-	Article – Courts and Judicial Proceedings 17
71		-	Section 10–402(c)(11) 18
72		-	Annotated Code of Maryland 19
73		-	(2020 Replacement Volume and 2024 Supplement) 20
	63	+	BY repealing and reenacting, with amendments, 11
	64	+	Article – Labor and Employment 12
	65	+	Section 2–104(b), 5–101, 5–102, 5–104, 5–202, 5–202(b)(1), 5–205(h), 5–206, 5–207, 13
	66	+	5–208, 5–211, 5–212, 5–308, 5–702, 5–804, 5–811, 5–702(a), and 5–812 14
	67	+	Annotated Code of Maryland 15
	68	+	(2016 Replacement Volume and 2024 Supplement) 16
74	69
75		-	BY repealing and reenacting, with amendments, 21
76		-	Article – Labor and Employment 22
77		-	Section 2–104(b), 5–101, 5–102, 5–104, 5–202, 5–202(b)(1), 5–205(h), 5–206, 5–207, 23
78		-	5–208, 5–211, 5–212, 5–308, 5–702, 5–804, 5–811, 5–702(a), and 5–812 24
79		-	Annotated Code of Maryland 25
80		-	(2016 Replacement Volume and 2024 Supplement) 26
	70	+	BY repealing 17
	71	+	Article – Labor and Employment 18
	72	+	Section 5–801 19
	73	+	Annotated Code of Maryland 20
	74	+	(2016 Replacement Volume and 2024 Supplement) 21
81	75
82		-	BY repealing 27
83		-	Article – Labor and Employment 28
84		-	Section 5–801 29
85		-	Annotated Code of Maryland 30
86		-	(2016 Replacement Volume and 2024 Supplement) 31
	76	+	BY adding to 22
	77	+	Article – Labor and Employment 23
	78	+	Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 24
	79	+	Preventing Workplace Violence” 25
	80	+	Annotated Code of Maryland 26
	81	+	(2016 Replacement Volume and 2024 Supplement) 27
87	82
88		-	BY adding to 32
89		-	Article – Labor and Employment 33
90		-	Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 34
91		-	Preventing Workplace Violence” 35
92		-	Annotated Code of Maryland 36
93		-	(2016 Replacement Volume and 2024 Supplement) 37
	83	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
	84	+	That the Laws of Maryland read as follows: 29
94	85
95		-	BY repealing and reenacting, with amendments, 38
96		-	Article – Public Safety 39
97		-	Section 12–804(b) 40
98		-	Annotated Code of Maryland 41 HOUSE BILL 176 3
	86	+	Article – Correctional Services 30
	87	+
	88	+	8–211. 31
	89	+
	90	+	(A) ON OR BEFORE JANUARY 1, 2026, THE COMMISSION SHALL ADOP T 32
	91	+	REGULATIONS FOR THE TRAINING, ISSUANCE, AND USE OF A BODY –WORN CAMERA 33
	92	+	BY A CORRECTIONAL OF FICER THAT ADDRESSES : 34
	93	+
	94	+	(1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 35
	95	+	FUNCTIONING ; 36
	96	+	HOUSE BILL 176 3
99	97
100	98
101		-	(2021 Replacement Volume and 2024 Supplement) 1
	99	+	(2) THE PROCEDURE FOR TH E CORRECTIONAL OFFIC ER TO FOLLOW 1
	100	+	IF THE CAMERA FAILS TO PROPERLY OPERATE AT THE BEGINNING OF OR DURING 2
	101	+	THE CORRECTIONAL OFF ICER’S SHIFT; 3
102	102
103		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
104		-	That the Laws of Maryland read as follows: 3
	103	+	(3) WHEN RECORDING IS MA NDATORY; 4
105	104
106		-	~~Article – Correctional Services 4~~
	105	+	(4) WHEN RECORDING IS PR OHIBITED; 5
107	106
108		-	~~8–211.~~ 5
	107	+	(5) WHEN RECORDING IS DI SCRETIONARY ; 6
109	108
110		-	(A) ON OR BEFORE JANUARY 1, 2026, THE COMMISSION SHALL ADOPT 6
111		-	REGULATIONS FOR THE TRAINING, ISSUANCE, AND USE OF A BODY –WORN CAMERA 7
112		-	BY A CORRECTIONAL OF FICER THAT ADDRESSES : 8
	109	+	(6) WHEN RECORDING MAY R EQUIRE CONSENT OF A SUBJECT BEING 7
	110	+	RECORDED; 8
113	111
114		-	(1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 9
115		-	FUNCTIONING ; 10
	112	+	(7) WHEN A RECORDING MAY BE ENDED; 9
116	113
117		-	(2) THE PROCEDURE FOR TH E CORRECTIONAL OFFIC ER TO FOLLOW 11
118		-	IF THE CAMERA FAILS TO PROPERLY OPERATE AT THE BEGINNING OF OR DURING 12
119		-	THE CORRECTIONAL OFF ICER’S SHIFT; 13
	114	+	(8) PROVIDING NOTICE OF RECORDING; 10
120	115
121		-	(3) ~~WHEN RECORDING IS MA NDATORY~~; 14
	116	+	(9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 11
122	117
123		-	(4) ~~WHEN RECORDING IS PR OHIBITED~~; 15
	118	+	(10) THE SECURE STORAGE OF DA TA FROM A BODY –WORN CAMERA ; 12
124	119
125		-	(5) ~~WHEN RECORDING IS DI SCRETIONARY~~ ; 16
	120	+	(11) REVIEW AND USE OF RE CORDINGS; 13
126	121
127		-	(6) WHEN RECORDING MAY R EQUIRE CONSENT OF A SUBJECT BEING 17
128		-	RECORDED; 18
	122	+	(12) RETENTION OF RECORDI NGS; 14
129	123
130		-	(7) ~~WHEN A RECORDING MAY BE ENDED~~; 19
	124	+	(13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 15
131	125
132		-	(8) PROVIDING NOTICE OF RECORDING; 20
	126	+	(14) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 16
	127	+	BECOMES A PARTY TO T HE COMMUNICATION FOLLOW ING THE INITIAL 17
	128	+	NOTIFICATION; 18
133	129
134		-	(9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 21
	130	+	(15) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THERE IS AN 19
	131	+	EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 20
135	132
136		-	(10) THE SECURE STORAGE O F DATA FROM A BODY –WORN CAMERA ; 22
	133	+	(16) THE PROCEDURES FOR A CORRECTIONAL OFFICER TO FOLLOW IF 21
	134	+	THE CORRECTIONAL OFF ICER REGULARLY INTERACTS WITH MEMBERS OF THE 22
	135	+	PUBLIC OUTSIDE AS PA RT OF THE CORRECTION AL OFFICER’S OFFICIAL DUTIES. 23
137	136
138		-	(11) REVIEW AND USE OF RECORDINGS ; 23
	137	+	(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH 24
	138	+	CORRECTIONAL UNIT SH ALL DEVELOP AND MAIN TAIN A WRITTEN POLIC Y 25
	139	+	CONSISTENT WITH THE REGULATIONS ADOP TED BY THE COMMISSION UNDER 26
	140	+	SUBSECTION (A) OF THIS SECTION FOR THE USE OF BODY –WORN CAMERAS . 27
139	141
140		-	(12) RETENTION OF RECORDI NGS; 24
141		-
142		-	(13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 25
143		-	4 HOUSE BILL 176
	142	+	(2) A POLICY DEVELOPED AND MAINTAINED UNDER PAR AGRAPH (1) 28
	143	+	OF THIS SUBSECTION S HALL BE A MANDATORY SUBJECT OF COLLECTIV E 29 4 HOUSE BILL 176
144	144
145	145
146		-	(14) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 1
147		-	BECOMES A PARTY TO T HE COMMUNICATION FOL LOWING THE INITIAL 2
148		-	NOTIFICATION; 3
	146	+	BARGAINING WITH THE EMPLOYEE ORGANIZATIO N CERTIFIED AS EXCLU SIVE 1
	147	+	REPRESENTATIVE . 2
149	148
150		-	(15) ~~SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN T HERE IS AN 4~~
151		-	~~EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 5~~
	149	+	(C) (1) THIS SUBSECTION APPLI ES ONLY TO A LOCAL C ORRECTIONAL 3
	150	+	FACILITY. 4
152	151
153		-	(16) THE PROCEDURES FOR A CORRECTIONAL OFFICER TO FOLLOW IF 6
154		-	THE CORRECTIONAL OFF ICER REGULARLY INTER ACTS WITH MEMBERS OF THE 7
155		-	PUBLIC OUTSIDE AS PA RT OF THE CORRECTION AL OFFICER’S OFFICIAL DUTIES. 8
	152	+	(2) A LOCAL CORRECTIONAL F ACILITY MAY NOT BE R EQUIRED TO 5
	153	+	ADOPT THE USE OF BOD Y–WORN CAMERAS BY CORR ECTIONAL OFFICERS . 6
156	154
157		-	(B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH 9
158		-	CORRECTIONAL UNIT SH ALL DEVELOP AND MAIN TAIN A WRITTEN POLIC Y 10
159		-	CONSISTENT WITH THE REGULATIONS ADOPTED BY THE COMMISSION UNDER 11
160		-	SUBSECTION (A) OF THIS SECTION FOR THE USE OF BODY –WORN CAMERAS . 12
	155	+	(3) IF A LOCAL CORRECTION AL FACILITY ADOPTS T HE USE OF 7
	156	+	BODY–WORN CAMERAS , THE LOCAL CORRECTION AL FACILITY SHALL DE VELOP AND 8
	157	+	MAINTAIN A WRITTEN P OLICY CONSISTENT WIT H THE REGULATIONS AD OPTED BY 9
	158	+	THE COMMISSION UNDER SUBS ECTION (A) OF THIS SECTION FOR THE USE OF 10
	159	+	BODY–WORN CAMERAS . 11
161	160
162		-	(2) A POLICY DEVELOPED AND MAINTAINED UNDER PAR AGRAPH (1) 13
163		-	OF THIS SUBSECTION S HALL BE A MANDATORY SUBJECT OF COLLECTIV E 14
164		-	BARGAINING WITH THE EMPLOYEE ORGANIZATIO N CERTIFIED AS EXCLU SIVE 15
165		-	REPRESENTATIVE . 16
	161	+	Article – Courts and Judicial Proceedings 12
166	162
167		-	(C) (1) THIS SUBSECTION APPLIES ONLY TO A LOCAL CORRECTIO NAL 17
168		-	FACILITY. 18
	163	+	10–402. 13
169	164
170		-	(2) ~~A LOCAL CORRECTIONAL F ACILITY MAY NOT BE R EQUIRED TO 19~~
171		-	~~ADOPT THE USE OF BOD Y–WORN CAMERAS BY CORR ECTIONAL OFFICERS~~ . 20
	165	+	(c) (11) (i) 1. In this paragraph the following words have the meanings 14
	166	+	indicated. 15
172	167
173		-	(3) IF A LOCAL CORRECTION AL FACILITY ADOPTS T HE USE OF 21
174		-	BODY–WORN CAMERAS , THE LOCAL CORRECTIONAL FACILITY SHALL DEVEL OP AND 22
175		-	MAINTAIN A WRITTEN P OLICY CONSISTENT WIT H THE REGULATIONS AD OPTED BY 23
176		-	THE COMMISSION UNDER SUBS ECTION (A) OF THIS SECTION FOR THE USE OF 24
177		-	BODY–WORN CAMERAS . 25
	168	+	2. “Body–worn digital recording device” means a device worn 16
	169	+	on the person of a law enforcement officer OR A CORRECTIONAL OF FICER that is capable 17
	170	+	of recording video and intercepting oral communications. 18
178	171
179		-	Article – Courts and Judicial Proceedings 26
	172	+	3. “Electronic control device” has the meaning stated in § 19
	173	+	4–109 of the Criminal Law Article. 20
180	174
181		-	10–402. 27
	175	+	(ii) It is lawful under this subtitle for a law enforcement officer OR 21
	176	+	A CORRECTIONAL OFFIC ER in the course of the officer’s regular duty to intercept an oral 22
	177	+	communication with a body–worn digital recording device or an electronic control device 23
	178	+	capable of recording video and oral communications if: 24
182	179
183		-	~~(c) (11) (i)~~ 1. ~~In this paragraph~~ the ~~following words have the meanings 28~~
184		-	~~indicated. 29~~
	180	+	1. The law enforcement officer OR CORRECTIONAL 25
	181	+	OFFICER is in uniform or prominently displaying the officer’s badge or other insignia; 26
185	182
186		-	2. “Body–worn digital recording device” means a device worn 30
187		-	on the person of a law enforcement officer OR A CORRECTIONAL OF FICER that is capable 31
188		-	of recording video and intercepting oral communications. 32
189		-	HOUSE BILL 176 5
	183	+	2. The law enforcement officer OR CORRECTIONAL 27
	184	+	OFFICER is making reasonable efforts to conform to standards in accordance with § 3–511 28
	185	+	of the Public Safety Article OR § 8–211 OF THE CORRECTIONAL SERVICES ARTICLE for 29
	186	+	the use of body–worn digital recording devices or electronic control devices capable of 30
	187	+	recording video and oral communications; 31
190	188
191		-
192		-	3. “Electronic control device” has the meaning stated in § 1
193		-	4–109 of the Criminal Law Article. 2
194		-
195		-	(ii) It is lawful under this subtitle for a law enforcement officer OR 3
196		-	A CORRECTIONAL OFFICER in the course of the officer’s regular duty to intercept an oral 4
197		-	communication with a body–worn digital recording device or an electronic control device 5
198		-	capable of recording video and oral communications if: 6
199		-
200		-	1. The law enforcement officer OR CORRECTIONAL 7
201		-	OFFICER is in uniform or prominently displaying the officer’s badge or other insignia; 8
202		-
203		-	2. The law enforcement officer OR CORRECTIONAL 9
204		-	OFFICER is making reasonable efforts to conform to standards in accordance with § 3–511 10
205		-	of the Public Safety Article OR § 8–211 OF THE CORRECTIONAL SERVICES ARTICLE for 11
206		-	the use of body–worn digital recording devices or electronic control devices capable of 12
207		-	recording video and oral communications; 13
208		-
209		-	3. The law enforcement officer OR CORRECTIONAL 14
210		-	OFFICER is a party to the oral communication; 15
211		-
212		-	4. Law enforcement OR THE CORRECTIONAL OFFICER 16
213		-	notifies, as soon as is practicable, the individual that the individual is being recorded, 17
214		-	unless it is unsafe, impractical, or impossible to do so; and 18
215		-
216		-	5. The oral interception is being made as part of a videotape 19
217		-	or digital recording. 20
218		-
219		-	(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 21
220		-	not affect the admissibility in court of the recording if the failure to notify involved an 22
221		-	individual who joined a discussion in progress for which proper notification was previously 23
222		-	given. 24
223		-
224		-	Article – Labor and Employment 25
225		-
226		-	2–104. 26
227		-
228		-	(b) (1) The Commissioner shall appoint an Assistant Commissioner for 27
229		-	Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 28
230		-	EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 29
231		-
232		-	(2) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 30
233		-	in the management service in the State Personnel Management System and serves at the 31
234		-	pleasure of the Commissioner. 32
235		-
236		-	(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 33
237		-	entitled to the salary provided in the State budget. 34 6 HOUSE BILL 176
	189	+	3. The law enforcement officer OR CORRECTIONAL 32
	190	+	OFFICER is a party to the oral communication; 33 HOUSE BILL 176 5
238	191
239	192
240	193
241		-	5–101. 1
	194	+	4. Law enforcement OR THE CORRECTIONAL OFFICER 1
	195	+	notifies, as soon as is practicable, the individual that the individual is being recorded, 2
	196	+	unless it is unsafe, impractical, or impossible to do so; and 3
242	197
243		-	(a) In this title the following words have the meanings indicated. 2
	198	+	5. The oral interception is being made as part of a videotape 4
	199	+	or digital recording. 5
244	200
245		-	(b) “Commissioner” means the Commissioner of Labor and Industry. 3
	201	+	(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 6
	202	+	not affect the admissibility in court of the recording if the failure to notify involved an 7
	203	+	individual who joined a discussion in progress for which proper notification was previously 8
	204	+	given. 9
246	205
247		-	(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 4
248		-	individual whom an employer employs, for a wage or other compensation, in the business 5
249		-	of the employer. 6
	206	+	Article – Labor and Employment 10
250	207
251		-	~~(2) “Employee” includes: 7~~
	208	+	2–104. 11
252	209
253		-	(i) an individual whom a [governmental unit] PUBLIC BODY 8
254		-	employs; 9
	210	+	(b) (1) The Commissioner shall appoint an Assistant Commissioner for 12
	211	+	Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 13
	212	+	EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 14
255	213
256		-	(ii) an individual who is licensed as a taxicab driver and leases or 10
257		-	rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 11
	214	+	(2) The [Assistant Commissioner is] ASSISTANT CO MMISSIONERS ARE 15
	215	+	in the management service in the State Personnel Management System and serves at the 16
	216	+	pleasure of the Commissioner. 17
258	217
259		-	(iii) an individual who is employed for part–time or temporary help 12
260		-	by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 13
261		-	employs individuals to provide part–time or temporary help to another [governmental unit] 14
262		-	PUBLIC BODY or person; and 15
	218	+	(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 18
	219	+	entitled to the salary provided in the State budget. 19
263	220
264		-	(iv) an individual who performs work for a [governmental unit] 16
265		-	PUBLIC BODY or person to whom the individual is provided by another [governmental 17
266		-	unit] PUBLIC BODY or person who engages in a business that directly employs individuals 18
267		-	to provide part–time or temporary help. 19
	221	+	5–101. 20
268	222
269		-	(d) ~~(1) “Employer” means:~~ 20
	223	+	(a) In this title the following words have the meanings indicated. 21
270	224
271		-	(i) except as provided in § 5–401 of this title, a person who is 21
272		-	engaged in commerce, industry, trade, or other business in the State and employs at least 22
273		-	one employee in that business; or 23
	225	+	(b) “Commissioner” means the Commissioner of Labor and Industry. 22
274	226
275		-	(ii) a public body. 24
	227	+	(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 23
	228	+	individual whom an employer employs, for a wage or other compensation, in the business 24
	229	+	of the employer. 25
276	230
277		-	(2) “~~Employer~~” includes: 25
	231	+	(2) “Employee” includes: 26
278	232
279		-	(i) a person who operates or owns a taxicab business in Baltimore 26
280		-	City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 27
281		-	public; 28
	233	+	(i) an individual whom a [governmental unit] PUBLIC BODY 27
	234	+	employs; 28
282	235
283		-	(ii) a governmental unit PUBLIC BODY or person who engages in a 29
284		-	business that directly employs individuals to provide part–time or temporary help to 30
285		-	another governmental unit PUBLIC BODY or person; and 31 HOUSE BILL 176 7
	236	+	(ii) an individual who is licensed as a taxicab driver and leases or 29
	237	+	rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 30
	238	+	6 HOUSE BILL 176
	239	+
	240	+
	241	+	(iii) an individual who is employed for part–time or temporary help 1
	242	+	by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 2
	243	+	employs individuals to provide part–time or temporary help to another [governmental unit] 3
	244	+	PUBLIC BODY or person; and 4
	245	+
	246	+	(iv) an individual who performs work for a [governmental unit] 5
	247	+	PUBLIC BODY or person to whom the individual is provided by another [governmental 6
	248	+	unit] PUBLIC BODY or person who engages in a business that directly employs individuals 7
	249	+	to provide part–time or temporary help. 8
	250	+
	251	+	(d) (1) “Employer” means: 9
	252	+
	253	+	(i) except as provided in § 5–401 of this title, a person who is 10
	254	+	engaged in commerce, industry, trade, or other business in the State and employs at least 11
	255	+	one employee in that business; or 12
	256	+
	257	+	(ii) a public body. 13
	258	+
	259	+	(2) “Employer” includes: 14
	260	+
	261	+	(i) a person who operates or owns a taxicab business in Baltimore 15
	262	+	City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 16
	263	+	public; 17
	264	+
	265	+	(ii) a governmental unit PUBLIC BODY or person who engages in a 18
	266	+	business that directly employs individuals to provide part–time or temporary help to 19
	267	+	another governmental unit PUBLIC BODY or person; and 20
	268	+
	269	+	(iii) a governmental unit PUBLIC BODY or person who contracts 21
	270	+	directly with another governmental unit PUBLIC BODY or person who engages in a 22
	271	+	business that directly employs individuals to provide part–time or temporary help to 23
	272	+	another governmental unit PUBLIC BODY or person. 24
	273	+
	274	+	(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 25
	275	+	OF A PUBLIC BODY GOE S TO CONDUCT WORK ON BEHALF OF THE PUBLIC BODY THAT 26
	276	+	IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 27
	277	+
	278	+	(2) “FIELDWORK LOCAT ION” INCLUDES A DRIVING R OUTE THAT AN 28
	279	+	EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUTIES FOR THE 29
	280	+	PUBLIC BODY. 30
	281	+
	282	+	(F) “Occupational safety and health standard” means a regulation that requires: 31
	283	+
	284	+	(1) a condition that is reasonably appropriate or necessary to make 32
	285	+	employment and places of employment safe and healthful; or 33 HOUSE BILL 176 7
286	286
287	287
288	288
289		-	(iii) a governmental unit PUBLIC BODY or person who contracts 1
290		-	directly with another governmental unit PUBLIC BODY or person who engages in a 2
291		-	business that directly employs individuals to provide part–time or temporary help to 3
292		-	another governmental unit PUBLIC BODY or person. 4
	289	+	(2) the adoption or use of a means, method, operation, practice, or process 1
	290	+	that is reasonably appropriate or necessary to make employment and places of employment 2
	291	+	safe and healthful. 3
293	292
294		-	(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 5
295		-	OF A PUBLIC BODY GOES TO CONDUCT WORK ON BEHA LF OF THE PUBLIC BOD Y THAT 6
296		-	IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 7
	293	+	[(f)] (G) “Person” includes a successor. 4
297	294
298		-	(2) “FIELDWORK LOCATION ” INCLUDES A DRIVING R OUTE THAT AN 8
299		-	EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUT IES FOR THE 9
300		-	PUBLIC BODY. 10
	295	+	[(g)] (H) (1) “Place of employment” means a place in or about which an 5
	296	+	employee is allowed to work. 6
301	297
302		-	(F) “~~Occupational safety and health standard~~” ~~means a regulation that requires~~: 11
	298	+	(2) “PLACE OF EMPLOYMENT ” INCLUDES: 7
303	299
304		-	(1) a ~~condition~~ that is ~~reasonably appropriate~~ or ~~necessary to make 12~~
305		-	~~employment~~ and ~~places of employment safe and healthful; or 13~~
	300	+	(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 8
	301	+	PUBLIC BODY; AND 9
306	302
307		-	(2) the adoption or use of a means, method, operation, practice, or process 14
308		-	that is reasonably appropriate or necessary to make employment and places of employment 15
309		-	safe and healthful. 16
	303	+	(II) A FIELDWORK LOCATION . 10
310	304
311		-	[(f)] (G) “~~Person~~” ~~includes a successor. 17~~
	305	+	[(h)] (I) “Public body” means: 11
312	306
313		-	[(g)] (H) (1) “Place of employment” means a place in or about which an 18
314		-	employee is allowed to work. 19
	307	+	(1) a governmental unit; 12
315	308
316		-	(2) ~~“PLACE~~ OF ~~EMPLOYMENT ” INCLUDES:~~ 20
	309	+	(2) a public or quasi–public corporation of the State; 13
317	310
318		-	(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 21
319		-	PUBLIC BODY; AND 22
	311	+	(3) a school district in the State or any unit of the district; or 14
320	312
321		-	(II) A ~~FIELDWORK LOCATION~~ . 23
	313	+	(4) a special district in the State or any unit of the district. 15
322	314
323		-	[(h)] (I) “Public body” means: 24
	315	+	(J) (I) (1) “WORKPLACE VIOLENCE ” MEANS AN ACT OF VIOL ENCE OR A 16
	316	+	THREAT OF VIOLENCE T HAT OCCURS AT A PLAC E OF EMPLOYMENT AND THAT IS NOT 17
	317	+	A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 18
324	318
325		-	(1) a governmental unit; 25
	319	+	(2) “WORKPLACE VIOLEN CE” INCLUDES, REGARDLESS OF WHETHE R 19
	320	+	THE EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGI CALLY INJURED : 20
326	321
327		-	(2) a public or quasi–public corporation of the State; 26
	322	+	(I) USING OR THREATENING TO USE PHYSICAL FORC E AGAINST 21
	323	+	AN EMPLOYEE ; OR 22
328	324
329		-	(3) a school district in the State or any unit of the district; or 27
	325	+	(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 23
	326	+	USE OF A FIREARM OR OTHER DAN GEROUS WEAPON . 24
330	327
331		-	(4) a special district in the State or any unit of the district. 28
	328	+	5–102. 25
	329	+
	330	+	(a) The General Assembly finds that: 26
332	331		8 HOUSE BILL 176
333	332
334	333
335		-	~~(J) (I)~~ (1) ~~“WORKPLACE VIOLENCE ” MEANS AN ACT~~ OF ~~VIOLENCE OR A~~ 1
336		-	~~THREAT~~ OF ~~VIOLENCE T HAT OCCURS AT A PLAC E OF EMPLOYMENT AND THAT IS NOT~~ 2
337		-	~~A LAWFUL ACT OF SELF –DEFENSE~~ ~~OR DEFENSE O F ANOTHER PERSON .~~ 3
	334	+	(1) personal injuries and illnesses that arise out of conditions of 1
	335	+	employment substantially burden employers and employees in terms of lost production, 2
	336	+	medical expenses, disability compensation payments, and lost wages; [and] 3
338	337
339		-	(2) ~~“WORKPLACE VIOLENCE ” INCLUDES, REGARDLESS~~ OF ~~WHETHE R~~ 4
340		-	THE ~~EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGI CALLY INJUR ED:~~ 5
	338	+	(2) the prevention of these injuries and illnesses is in the best interest and 4
	339	+	welfare of the people and the State; AND 5
341	340
342		-	(I) ~~USING OR THREATENING TO USE PHYSICAL FORC E AGAINST~~ 6
343		-	~~AN EMPLOYEE ; OR~~ 7
	341	+	(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 6
	342	+	MAINTAINING SAFE AND HEALTHY WORKPLACES . 7
344	343
345		-	(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 8
346		-	USE OF A FIREARM OR OTHER DANGEROUS WEAP ON. 9
	344	+	(b) The purposes of this title are to ensure, to the extent practicable, that each 8
	345	+	working [man and woman] INDIVIDUAL in the State has working conditions that are safe 9
	346	+	and healthful and to preserve human resources by: 10
347	347
348		-	5–102. 10
	348	+	(1) providing that employers and employees have separate but dependent 11
	349	+	responsibilities and rights with respect to making working conditions safe and healthful; 12
349	350
350		-	(a) The General Assembly finds that: 11
	351	+	(2) providing for the development and adoption of occupational safety and 13
	352	+	health standards, INCLUDING STANDARDS THAT ADDRESS W ORKPLACE VIOLENCE ; 14
351	353
352		-	(1) personal injuries and illnesses that arise out of conditions of 12
353		-	employment substantially burden employers and employees in terms of lost production, 13
354		-	medical expenses, disability compensation payments, and lost wages; [and] 14
	354	+	(3) providing for training and other education of personnel so that 15
	355	+	occupational safety and health standards are administered fairly and efficiently; 16
355	356
356		-	(2) ~~the prevention of these injuries~~ and ~~illnesses is in the best interest and 15~~
357		-	~~welfare of the people and the State~~; ~~AND 16~~
	357	+	(4) providing an effective compliance and enforcement program under this 17
	358	+	title; 18
358	359
359		-	(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 17
360		-	MAINTAINING SAFE AND HEALTHY WORKPLACES . 18
	360	+	(5) encouraging employers and employees to: 19
361	361
362		-	(b) The purposes of this title are to ensure, to the extent practicable, that each 19
363		-	working [man and woman] INDIVIDUAL in the State has working conditions that are safe 20
364		-	and healthful and to preserve human resources by: 21
	362	+	(i) reduce the number of occupational health and safety hazards at 20
	363	+	their places of employment; and 21
365	364
366		-	(1) ~~providing that employers~~ and ~~employees have separate but dependent~~ 22
367		-	~~responsibilities and rights with respect to making working conditions safe and~~ healthful; 23
	365	+	(ii) create or improve programs to make working conditions safe and 22
	366	+	healthful; 23
368	367
369		-	(2) ~~providing for the development~~ and ~~adoption of occupational safety and~~ 24
370		-	~~health standards, INCLUDING STANDARDS~~ THAT ~~ADDRESS WORKPLA CE VIOLENCE~~; 25
	368	+	(6) encouraging joint efforts of labor and management to reduce diseases 24
	369	+	and injuries that arise out of employment; 25
371	370
372		-	(3) ~~providing for training and other education~~ of ~~personnel so that~~ 26
373		-	~~occupational safety~~ and ~~health standards are administered fairly and efficiently~~; 27
	371	+	(7) building on advances already made through the initiatives of employers 26
	372	+	and employees to make working conditions safe and healthful; 27
374	373
375		-	(4) ~~providing an effective compliance~~ and ~~enforcement program under this~~ 28
376		-	~~title~~; 29
	374	+	(8) developing innovative approaches, methods, and techniques to deal 28
	375	+	with occupational safety and health problems; 29
377	376
378		-	(5) ~~encouraging employers~~ and ~~employees to:~~ 30
	377	+	(9) providing for research in the field of occupational safety and health; 30
379	378		HOUSE BILL 176 9
380	379
381	380
382		-	(i) ~~reduce the number of~~ occupational health ~~and safety hazards at~~ 1
383		-	~~their places of employment; and~~ 2
	381	+	(10) conducting research on occupational health problems, including 1
	382	+	research to: 2
384	383
385		-	(ii) ~~create or improve programs to make working conditions safe~~ and 3
386		-	~~healthful~~; 4
	384	+	(i) identify causal connections between diseases and work in 3
	385	+	environmental conditions; and 4
387	386
388		-	(6) encouraging joint efforts of labor and management to reduce diseases 5
389		-	and injuries that arise out of employment; 6
	387	+	(ii) explore ways to discover latent diseases; 5
390	388
391		-	(7) ~~building on advances already made through~~ the ~~initiatives of employers 7~~
392		-	~~and employees to make working conditions safe and healthful~~; 8
	389	+	(11) providing medical criteria to ensure, to the extent practicable, that 6
	390	+	work does not diminish the functional capacity, health, or life expectancy of an employee; 7
393	391
394		-	(8) developing innovative approaches, methods, and techniques to deal 9
395		-	with occupational safety and health problems; 10
	392	+	(12) providing for reporting procedures on occupational safety and health 8
	393	+	that are appropriate to help to achieve the purposes of this title and to describe accurately 9
	394	+	the nature of occupational safety and health problems; 10
396	395
397		-	(9) providing for research in the field of occupational safety and health; 11
	396	+	(13) providing for the dissemination of information about health and safety 11
	397	+	hazards posed by toxic and hazardous substances to which workers are exposed; 12
398	398
399		-	(10) ~~conducting research on occupational health problems,~~ ~~including 12~~
400		-	~~research to:~~ 13
	399	+	(14) requiring employers to educate employees who work with hazardous 13
	400	+	substances about the hazards of the substances and about safe procedures; 14
401	401
402		-	(i) identify causal connections between diseases and work in 14
403		-	environmental conditions; and 15
	402	+	(15) requiring employers to give information to governmental units PUBLIC 15
	403	+	BODIES that are charged with fire protection, to protect the health and safety of firefighters 16
	404	+	and the public; [and] 17
404	405
405		-	(ii) explore ways to discover latent diseases; 16
	406	+	(16) providing information and incentives for employers and employees to 18
	407	+	make ridesharing arrangements; AND 19
406	408
407		-	(11) ~~providing medical criteria to ensure,~~ ~~to the extent practicable,~~ ~~that 17~~
408		-	~~work does not diminish the functional capacity, health, or life expectancy of an employee; 18~~
	409	+	(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 20
	410	+	HEALTHFUL BY REQUIRI NG: 21
409	411
410		-	(12) providing for reporting procedures on occupational safety and health 19
411		-	that are appropriate to help to achieve the purposes of this title and to describe accurately 20
412		-	the nature of occupational safety and health problems; 21
	412	+	(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGRAMS AND 22
	413	+	PLANS RELATED TO WOR KPLACE VIOLENCE ; 23
413	414
414		-	(13) ~~providing for the dissemination~~ of ~~information about health and safety 22~~
415		-	~~hazards posed by toxic~~ and ~~hazardous substances to which workers are exposed; 23~~
	415	+	(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 24
	416	+	REGULARLY ; AND 25
416	417
417		-	(14) ~~requiring employers to educate employees who work with hazardous 24~~
418		-	~~substances about the hazards of the substances and about safe procedures; 25~~
	418	+	(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 26
	419	+	THAT: 27
419	420
420		-	(15) requiring employers to give information to governmental units PUBLIC 26
421		-	BODIES that are charged with fire protection, to protect the health and safety of firefighters 27
422		-	and the public; [and] 28
	421	+	1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 28
	422	+	ARE SAFE AND HEALT HY; AND 29
423	423
424		-	(16) providing information and incentives for employers and employees to 29
425		-	make ridesharing arrangements; AND 30
426		-	10 HOUSE BILL 176
427		-
428		-
429		-	(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 1
430		-	HEALTHFUL BY REQUIRI NG: 2
431		-
432		-	(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGR AMS AND 3
433		-	PLANS RELATED TO WOR KPLACE VIOLENCE ; 4
434		-
435		-	(II) THAT WORKP LACES OF PUBLIC BODI ES BE INSPECTED 5
436		-	REGULARLY ; AND 6
437		-
438		-	(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 7
439		-	THAT: 8
440		-
441		-	1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 9
442		-	ARE SAFE AND HEALTHY ; AND 10
443		-
444		-	2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 11
445		-	THAT ARE SAFE, HEALTHY, AND PRODUCTIVE OVER THE COURSE OF THEIR 12
446		-	CAREERS. 13
447		-
448		-	5–104. 14
449		-
450		-	(a) Each employer shall provide each employee of the employer with employment 15
451		-	and a place of employment that are: 16
452		-
453		-	(1) safe and healthful; and 17
454		-
455		-	(2) free from each recognized hazard that is causing or likely to cause death 18
456		-	or serious physical harm to the employee. 19
457		-
458		-	(b) (1) Each employer shall comply with this title, each applicable regulation 20
459		-	that the Commissioner adopts to carry out this title, and each applicable order that the 21
460		-	Commissioner passes under this title. 22
461		-
462		-	(2) Each employee shall comply with this title and, when applicable to the 23
463		-	employee’s actions and conduct in the course of employment, each regulation that the 24
464		-	Commissioner passes under this title. 25
465		-
466		-	(c) (1) Each employer shall keep its employees informed of their protections 26
467		-	and duties under this title, including each applicable occupational safety and health 27
468		-	standard, by: 28
469		-
470		-	[(1)] (I) posting notice where notices to employees normally are posted; 29
471		-	or 30
472		-
473		-	[(2)] (II) using other appropriate means. 31 HOUSE BILL 176 11
	424	+	2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 30
	425	+	THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF THEIR 31
	426	+	CAREERS. 32 10 HOUSE BILL 176
474	427
475	428
476	429
477		-	(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 1
478		-	THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND BY E–MAIL MAKE 2
479		-	AVAILABLE TO EACH OF ITS EMPLO YEES A COPY OF: 3
	430	+	5–104. 1
480	431
481		-	(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 4
482		-	FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 5
483		-	AND 6
	432	+	(a) Each employer shall provide each employee of the employer with employment 2
	433	+	and a place of employment that are: 3
484	434
485		-	(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 7
486		-	BODY IN THE IMMEDIAT ELY PRECEDING YEAR , IF ANY. 8
	435	+	(1) safe and healthful; and 4
487	436
488		-	5–202. 9
	437	+	(2) free from each recognized hazard that is causing or likely to cause death 5
	438	+	or serious physical harm to the employee. 6
489	439
490		-	(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 10
491		-	SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 11
492		-	ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 12
493		-	[health] HEALTH any duty or function of the Commissioner under this title. 13
	440	+	(b) (1) Each employer shall comply with this title, each applicable regulation 7
	441	+	that the Commissioner adopts to carry out this title, and each applicable order that the 8
	442	+	Commissioner passes under this title. 9
494	443
495		-	(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 14
496		-	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 15
497		-	FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 16
498		-	WITH RESPECT TO PUBL IC BODIES. 17
	444	+	(2) Each employee shall comply with this title and, when applicable to the 10
	445	+	employee’s actions and conduct in the course of employment, each regulation that the 11
	446	+	Commissioner passes under this title. 12
499	447
500		-	(b) (1) The Commissioner may enter into a written agreement with a 18
501		-	governmental unit PUBLIC BODY to delegate any power of inspection under this title. 19
	448	+	(c) (1) Each employer shall keep its employees informed of their protections 13
	449	+	and duties under this title, including each applicable occupational safety and health 14
	450	+	standard, by: 15
502	451
503		-	(2) An agreement under this subsection shall: 20
	452	+	[(1)] (I) posting notice where notices to employees normally are posted; 16
	453	+	or 17
504	454
505		-	(i) specify the procedure to be used in an inspection under the 21
506		-	agreement; 22
	455	+	[(2)] (II) using other appropriate means. 18
507	456
508		-	(ii) enable the Commissioner to monitor an inspection power under 23
509		-	the agreement; and 24
	457	+	(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 19
	458	+	THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND BY E–MAIL MAKE 20
	459	+	AVAILABLE TO EACH OF ITS EMPLOYEES A COPY OF: 21
510	460
511		-	(iii) enable the Commissioner to revoke the agreement at any time. 25
	461	+	(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 22
	462	+	FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 23
	463	+	AND 24
512	464
513		-	5–205. 26
	465	+	(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 25
	466	+	BODY IN THE IMMEDIAT ELY PRECEDING YEAR, IF ANY. 26
514	467
515		-	(h) With the consent of a [governmental unit] PUBLIC BODY, the Commissioner 27
516		-	may use an employee, facility, or service of the [governmental unit] PUBLIC BODY, with or 28
517		-	without reimbursement, to help the Commissioner carry out a function under this title. 29
	468	+	5–202. 27
518	469
519		-	5–206. 30
	470	+	(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
	471	+	SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 29
	472	+	ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 30
	473	+	[health] HEALTH any duty or function of the Commissioner under this title. 31
	474	+	HOUSE BILL 176 11
	475	+
	476	+
	477	+	(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 1
	478	+	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 2
	479	+	FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 3
	480	+	WITH RESPECT TO PUBLIC BO DIES. 4
	481	+
	482	+	(b) (1) The Commissioner may enter into a written agreement with a 5
	483	+	governmental unit PUBLIC BODY to delegate any power of inspection under this title. 6
	484	+
	485	+	(2) An agreement under this subsection shall: 7
	486	+
	487	+	(i) specify the procedure to be used in an inspection under the 8
	488	+	agreement; 9
	489	+
	490	+	(ii) enable the Commissioner to monitor an inspection power under 10
	491	+	the agreement; and 11
	492	+
	493	+	(iii) enable the Commissioner to revoke the agreement at any time. 12
	494	+
	495	+	5–205. 13
	496	+
	497	+	(h) With the consent of a [governmental unit] PUBLIC BODY, the Commissioner 14
	498	+	may use an employee, facility, or service of the [governmental unit] PUBLIC BODY, with or 15
	499	+	without reimbursement, to help the Commissioner carry out a function under this title. 16
	500	+
	501	+	5–206. 17
	502	+
	503	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 18
	504	+	INDICATED. 19
	505	+
	506	+	(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 20
	507	+	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 21
	508	+
	509	+	(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 22
	510	+	UNIT. 23
	511	+
	512	+	(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 24
	513	+	DIVISION OF LABOR AND INDUSTRY. 25
	514	+
	515	+	(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 26
	516	+
	517	+	[(a)] (D) The ASSISTANT Commissioner shall, SUBJECT TO THE APPRO VAL 27
	518	+	OF THE COMMISSIONER , provide for and maintain a comprehensive and effective 28
	519	+	program on occupational safety and health for employees of public bodies THAT IS 29
	520	+	ADMINISTERED AND ENF ORCED BY THE UNIT. 30
520	521		12 HOUSE BILL 176
521	522
522	523
523		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
524		-	INDICATED. 2
	524	+	[(b)] (E) The program under this section shall: 1
525	525
526		-	(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 3
527		-	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 4
	526	+	(1) be generally consistent with this title; [and] 2
528	527
529		-	(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 5
530		-	UNIT. 6
	528	+	(2) require each public body to: 3
531	529
532		-	(B) ~~THERE IS A PUBLIC EMPLOYEES’ SAFETY~~ AND ~~HEALTH UNIT IN THE 7~~
533		-	~~DIVISION OF LABOR AND INDUSTRY. 8~~
	530	+	(i) provide conditions and places of employment that are safe and 4
	531	+	healthful; 5
534	532
535		-	(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 9
	533	+	(ii) develop, conduct, and maintain in each unit of the public body a 6
	534	+	program of self–inspection that the ASSISTANT Commissioner approves AND MONITORS ; 7
536	535
537		-	~~[(a)]~~ (D) The ASSISTANT Commissioner ~~shall, SUBJECT TO THE APPRO VAL 10~~
538		-	OF THE COMMISSIONER ~~, provide~~ for ~~and maintain a comprehensive and effective 11~~
539		-	~~program on~~ occupational ~~safety~~ and ~~health for employees of public bodies THAT IS 12~~
540		-	~~ADMINISTERED~~ AND ~~ENF ORCED BY THE UNIT. 13~~
	536	+	(iii) keep and make available to the ASSISTANT Commissioner each 8
	537	+	record that the Commissioner requires under this title and for development of information 9
	538	+	about occupational accidents, illnesses, and injuries, to allow proper evaluation and 10
	539	+	necessary corrective action; and 11
541	540
542		-	~~[(b)]~~ (E) The ~~program under this section shall: 14~~
	541	+	(iv) submit each report that the Commissioner requires; AND 12
543	542
544		-	(1) be generally consistent with this title; [and] 15
	543	+	(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 13
	544	+	(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRAM DEVELOPED , 14
	545	+	CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 15
545	546
546		-	(2) require each public body to: 16
	547	+	(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 16
	548	+	WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 17
547	549
548		-	(i) ~~provide conditions~~ and ~~places of employment that are safe and 17~~
549		-	~~healthful~~; 18
	550	+	(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 18
	551	+	PRODUCE THE MOST COM PLAINTS AND CITATION S; 19
550	552
551		-	(ii) ~~develop, conduct,~~ ~~and maintain in each unit of the public body a 19~~
552		-	~~program of self–inspection~~ that the ~~ASSISTANT Commissioner approves AND MONITORS~~ ; 20
	553	+	(III) INCLUDES RANDOM INSP ECTIONS THAT OCCUR W ITHOUT 20
	554	+	NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 21
553	555
554		-	(~~iii~~) ~~keep~~ and ~~make available to the ASSISTANT Commissioner each 21~~
555		-	~~record that the Commissioner requires under this title and for development~~ of ~~information 22~~
556		-	~~about occupational accidents,~~ ~~illnesses, and injuries,~~ ~~to allow proper evaluation and 23~~
557		-	~~necessary corrective action~~; and 24
	556	+	(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 22
	557	+	CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 23
	558	+	TRADITIONAL WORKPLAC E BUT INSTEAD WORK AT VARYIN G ASSIGNED FIELDWORK 24
	559	+	LOCATIONS; AND 25
558	560
559		-	(iv) submit each report that the Commissioner requires; AND 25
	561	+	(V) OTHERWISE COMPLIES W ITH THE INSPECTION 26
	562	+	REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 27
560	563
561		-	(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 26
562		-	(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRAM DEVELOPED , 27
563		-	CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 28
	564	+	[(c) The Commissioner shall monitor the program of each public body for 28
	565	+	self–inspection. 29
564	566
565		-	(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 29
566		-	WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 30
	567	+	(d) The penalties under Subtitle 8 of this title do not apply to a public body.] 30
567	568		HOUSE BILL 176 13
568	569
569	570
570		-	(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 1
571		-	PRODUCE THE MOST COM PLAINTS AND CITATION S; 2
	571	+	(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 1
	572	+	BEFORE JULY 1 EACH YEAR THE ASSISTANT COMMISSIONER SHALL PU BLISH 2
	573	+	ONLINE A WRITTEN REP ORT ON SAFETY AND HE ALTH IN PUBLIC BODIE S. 3
572	574
573		-	(~~III~~) ~~INCLUDES RANDOM INSP ECTIONS THAT OCCUR W ITHOUT 3~~
574		-	~~NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 4~~
	575	+	(2) THE REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 4
	576	+	INCLUDE: 5
575	577
576		-	(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 5
577		-	CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 6
578		-	TRADITIONAL WORKPLAC E BUT INSTEAD WORK AT VARYIN G ASSIGNED FIELDWORK 7
579		-	LOCATIONS; AND 8
	578	+	(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 6
580	579
581		-	(V) ~~OTHERWISE COMPLIES W~~ ~~ITH THE INSPECTION 9~~
582		-	~~REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 10~~
	580	+	(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 7
	581	+	THE IMMEDIATELY PREC EDING YEAR; 8
583	582
584		-	[(c) ~~The Commissioner shall monitor the program~~ of ~~each public body for 11~~
585		-	~~self–inspection. 12~~
	583	+	(III) A SUMMARY OF TRENDIN G SAFETY AND HEALTH ISSUES 9
	584	+	RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 10
586	585
587		-	(d) ~~The penalties under Subtitle 8~~ of ~~this title do not apply to a public body.] 13~~
	586	+	(IV) A LIST OF ANY: 11
588	587
589		-	~~(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 14~~
590		-	~~BEFORE JULY 1 EACH YEAR~~ THE ~~ASSISTANT COMMISSIONER SHALL~~ PU ~~BLISH 15~~
591		-	~~ONLINE A WRITTEN REP ORT ON SAFETY~~ AND ~~HE ALTH IN PUBLIC BODIE S. 16~~
	588	+	1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 12
	589	+	THE WORKPLACES OF PU BLIC BODIES DURING T HE IMMEDIATELY PRECE DING YEAR; 13
	590	+	AND 14
592	591
593		-	(2) THE ~~REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 17~~
594		-	~~INCLUDE: 18~~
	592	+	2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 15
	593	+	IMMEDIATELY PRECEDIN G YEAR. 16
595	594
596		-	(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 19
	595	+	(3) ON OR BEFORE JULY 1 EACH YEAR, THE COMMISSIONER SHALL 17
	596	+	SUBMIT THE REPORT RE QUIRED TO BE PUBLISH ED UNDER PARAGRAPH (1) OF THIS 18
	597	+	SUBSECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 19
	598	+	STATE GOVERNMENT ARTICLE. 20
597	599
598		-	(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 20
599		-	THE IMMEDIATELY PREC EDING YEAR; 21
	600	+	(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 21
	601	+	AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM INS PECTING A 22
	602	+	PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 23
600	603
601		-	(III) A SUMMARY OF TRENDIN G SAFETY AND HEALTH ISSUES 22
602		-	RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 23
	604	+	5–207. 24
603	605
604		-	(IV) A LIST OF ANY: 24
	606	+	(A) On request of the Commissioner, the Attorney General may proceed in a State 25
	607	+	or federal court or before any other federal unit: 26
605	608
606		-	1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 25
607		-	THE WORKPLACES OF PU BLIC BODIES DURING T HE IMMEDIATELY PRECE DING YEAR; 26
608		-	AND 27
	609	+	(1) to enforce a decision of the Commissioner under this title; 27
609	610
610		-	2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 28
611		-	IMMEDIATELY PRECEDIN G YEAR. 29
	611	+	(2) subject to § 3–302 of the State Finance and Procurement Article, to 28
	612	+	collect a civil penalty that is assessed by order of the Commissioner under this title; or 29
	613	+
	614	+	(3) to enforce any other order of the Commissioner under this title. 30
612	615		14 HOUSE BILL 176
613	616
614	617
615		-	(3) ON OR BEFORE JULY 1 EACH YEAR, THE COMMISSIONER SHALL 1
616		-	SUBMIT THE REPORT RE QUIRED TO BE PUBLISH ED UNDER PARAGRAPH (1) OF THIS 2
617		-	SUBSECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 3
618		-	STATE GOVERNMENT ARTICLE. 4
	618	+	(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 1
	619	+	A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 2
619	620
620		-	(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 5
621		-	AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM INS PECTING A 6
622		-	PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 7
	621	+	(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 3
	622	+	OF THE PUBLIC BODY A ND ANY EMPLOYEE REPR ESENTATIVES; AND 4
623	623
624		-	5–207. 8
	624	+	(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 5
	625	+	PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 6
625	626
626		-	(A) On request of the Commissioner, the Attorney General may proceed in a State 9
627		-	or federal court or before any other federal unit: 10
	627	+	5–208. 7
628	628
629		-	(1) to enforce a decision of the Commissioner under this title; 11
	629	+	(a) The Commissioner or authorized representative of the Commissioner may 8
	630	+	enter a place of employment where work is performed, without delay at any reasonable 9
	631	+	time, to: 10
630	632
631		-	(2) subject to § 3–302 of the State Finance and Procurement Article, to 12
632		-	collect a civil penalty that is assessed by order of the Commissioner under this title; or 13
	633	+	(1) inspect the place of employment; 11
633	634
634		-	(3) to enforce any other order of the Commissioner under this title. 14
	635	+	(2) investigate all pertinent apparatus, conditions, devices, equipment, 12
	636	+	materials, [and] structures, AND VEHICLES at the place of employment; and 13
635	637
636		-	(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 15
637		-	A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 16
	638	+	(3) question privately an agent, employee, or employer. 14
638	639
639		-	(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 17
640		-	OF THE PUBLIC BODY A ND ANY EMPLOYEE REPR ESENTATIVES; AND 18
	640	+	(b) (1) Subject to any regulation that the Commissioner adopts to carry out 15
	641	+	this title, a representative chosen by employees and a representative of the employer shall 16
	642	+	be given an opportunity to accompany the Commissioner or an authorized representative 17
	643	+	of the Commissioner during an inspection under this subtitle. 18
641	644
642		-	(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 19
643		-	PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 20
	645	+	(2) If there is no authorized employee representative, the Commissioner 19
	646	+	shall consult with a reasonable number of employees about safety and health in the place 20
	647	+	of employment. 21
644	648
645		-	5–208. 21
	649	+	(c) (1) Before or during an inspection, an employee or authorized 22
	650	+	representative of employees in a place of employment or authorized representative of the 23
	651	+	Commissioner may give the Commissioner written notice of any violation of this title that 24
	652	+	the employee or representative has reason to believe exists at the place of employment of 25
	653	+	the employee. 26
646	654
647		-	(a) The Commissioner or authorized representative of the Commissioner may 22
648		-	enter a place of employment where work is performed, without delay at any reasonable 23
649		-	time, to: 24
	655	+	(2) The Commissioner shall set, by regulation, procedures for informal 27
	656	+	review of any refusal to issue a citation on the basis of notice under this subsection. 28
650	657
651		-	(1) inspect the place of employment; 25
	658	+	(3) If an employee or authorized representative of employees asks for 29
	659	+	informal review under this subsection, the Commissioner shall give the employee or 30
	660	+	representative a written statement of the reasons for the final disposition. 31
652	661
653		-	(2) investigate all pertinent apparatus, conditions, devices, equipment, 26
654		-	materials, [and] structures, AND VEHICLES at the place of employment; and 27
655		-
656		-	(3) question privately an agent, employee, or employer. 28
657		-
658		-	(b) (1) Subject to any regulation that the Commissioner adopts to carry out 29
659		-	this title, a representative chosen by employees and a representative of the employer shall 30 HOUSE BILL 176 15
	662	+	(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTATIVE OF THE 32
	663	+	COMMISSIONER MAY : 33 HOUSE BILL 176 15
660	664
661	665
662		-	be given an opportunity to accompany the Commissioner or an authorized representative 1
663		-	of the Commissioner during an inspection under this subtitle. 2
664	666
665		-	(2) ~~If there is no authorized~~ employee ~~representative, the Commissioner 3~~
666		-	~~shall consult with a reasonable number of employees about safety and health in~~ the ~~place 4~~
667		-	of ~~employment. 5~~
	667	+	(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 1
	668	+	ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 2
	669	+	BEHALF OF THE PUBLIC BODY; AND 3
668	670
669		-	(c) (1) Before or during an inspection, an employee or aut horized 6
670		-	representative of employees in a place of employment or authorized representative of the 7
671		-	Commissioner may give the Commissioner written notice of any violation of this title that 8
672		-	the employee or representative has reason to believe exists at the place of employment of 9
673		-	the employee. 10
	671	+	(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 4
	672	+	PUBLIC BODY HAS CAUS E TO ENTER WHILE ACC OMPANYING THE EMPLOYEE . 5
674	673
675		-	(2) The Commissioner shall set, by regulation, procedures for informal 11
676		-	review of any refusal to issue a citation on the basis of notice under this subsection. 12
	674	+	5–211. 6
677	675
678		-	(3) If an employee or authorized representative of employees asks for 13
679		-	informal review under this subsection, the Commissioner shall give the employee or 14
680		-	representative a written statement of the reasons for the final disposition. 15
	676	+	(a) Whenever an individual who is authorized to inspect property in the State is 7
	677	+	denied access after the individual makes a proper request to the owner, lessee, or other 8
	678	+	person in charge of the property, the individual may apply to the District Court for an 9
	679	+	administrative search warrant under this section. 10
681	680
682		-	(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTATIVE OF THE 16
683		-	COMMISSIONER MAY : 17
	681	+	(b) Each application under this section shall: 11
684	682
685		-	(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 18
686		-	ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 19
687		-	BEHALF OF THE PUBLIC BODY; AND 20
	683	+	(1) state the nature, purpose, and scope of the inspection; and 12
688	684
689		-	(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 21
690		-	PUBLIC BODY HAS CAUS E TO ENTER WHILE ACC OMPANYING THE EMPLOYEE . 22
	685	+	(2) show that: 13
691	686
692		-	~~5–211. 23~~
	687	+	(i) the applicant: 14
693	688
694		-	(a) Whenever an individual who is authorized to inspect property in the State is 24
695		-	denied access after the individual makes a proper request to the owner, lessee, or other 25
696		-	person in charge of the property, the individual may apply to the District Court for an 26
697		-	administrative search warrant under this section. 27
	689	+	1. is authorized by law to inspect the property to which 15
	690	+	access was denied; and 16
698	691
699		-	~~(b) Each application under this section shall:~~ 28
	692	+	2. requested access at a reasonable time; 17
700	693
701		-	(1) ~~state the nature, purpose, and scope of the inspection~~; and 29
	694	+	(ii) access was denied; and 18
702	695
703		-	(2) ~~show that:~~ 30
	696	+	(iii) the inspection is for a purpose related to safety or health. 19
704	697
705		-	(i) the applicant: 31
	698	+	(c) (1) An application may not be submitted to the District Court unless 20
	699	+	approved by the Attorney General. 21
	700	+
	701	+	(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 22
	702	+	SAFETY AND HEALTH OR AN AUTHORIZED REP RESENTATIVE OF THE ASSISTANT 23
	703	+	COMMISSIONER APPLIES FOR AN ADMINISTRATIV E SEARCH WARR ANT UNDER 24
	704	+	SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 25
	705	+	AND EXPEDITE REVIEW OF THE APPLICATION . 26
	706	+
	707	+	(d) On application in accordance with this section, the District Court may issue 27
	708	+	an administrative search warrant. 28
	709	+
	710	+	5–212. 29
706	711		16 HOUSE BILL 176
707	712
708	713
709		-	1. is authorized by law to inspect the property to which 1
710		-	access was denied; and 2
	714	+	(a) (1) Except as provided in paragraph (2) of this subsection, if after an 1
	715	+	inspection or investigation, the Commissioner or authorized representative of the 2
	716	+	Commissioner is of the opinion that an employer has violated a duty under this title or an 3
	717	+	order passed under this title or an occupational safety and health standard or other 4
	718	+	regulation adopted to carry out this title, the Commissioner or authorized representative 5
	719	+	shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 6
	720	+	of 90 days from the date of the closing conference on the inspection or investigation or 6 7
	721	+	months from the occurrence of the violation. 8
711	722
712		-	2. requested access at a reasonable time; 3
	723	+	(2) If the incident investigated by the Commissioner involves a fatality or 9
	724	+	serious physical harm, the Commissioner shall issue a citation with reasonable 10
	725	+	promptness, not to exceed 6 months from occurrence of the violation. 11
713	726
714		-	(ii) access was denied; and 4
	727	+	(3) If an employer to whom a citation is issued is a unit of the State 12
	728	+	government, the Commissioner or authorized representative shall send a copy of the 13
	729	+	citation to the secretary of the principal department to which the unit is assigned or, if the 14
	730	+	unit is not part of a principal department, the head of the unit. 15
715	731
716		-	(iii) the inspection is for a purpose related to safety or health. 5
	732	+	(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 16
	733	+	BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 17
	734	+	AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 18
	735	+	CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BO DY AND ANY LEGISLATI VE BODY THAT 19
	736	+	HAS OVERSIGHT OF THE PUBLIC BODY. 20
717	737
718		-	(c) (1) An application may not be submitted to the District Court unless 6
719		-	approved by the Attorney General. 7
	738	+	(b) Each citation under this section shall: 21
720	739
721		-	(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 8
722		-	SAFETY AND HEALTH OR AN AUTHORIZED REP RESENTATIVE OF THE ASSISTANT 9
723		-	COMMISSIONER APPLIES FOR AN ADMINISTRATIV E SEARCH WARR ANT UNDER 10
724		-	SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 11
725		-	AND EXPEDITE REVIEW OF THE APPLICATION . 12
	740	+	(1) be in writing; 22
726	741
727		-	(d) On application in accordance with this section, the District Court may issue 13
728		-	an administrative search warrant. 14
	742	+	(2) describe, with particularity, the nature of the alleged violation; 23
729	743
730		-	5–212. 15
	744	+	(3) reference the provision of this title, order, or occupational safety and 24
	745	+	health standard or other regulation that the employer is alleged to have violated; and 25
731	746
732		-	(a) (1) Except as provided in paragraph (2) of this subsection, if after an 16
733		-	inspection or investigation, the Commissioner or authorized representative of the 17
734		-	Commissioner is of the opinion that an employer has violated a duty under this title or an 18
735		-	order passed under this title or an occupational safety and health standard or other 19
736		-	regulation adopted to carry out this title, the Commissioner or authorized representative 20
737		-	shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 21
738		-	of 90 days from the date of the closing conference on the inspection or investigation or 6 22
739		-	months from the occurrence of the violation. 23
	747	+	(4) set a reasonable period for abatement and correction of the alleged 26
	748	+	violation. 27
740	749
741		-	(2) ~~If the incident investigated by~~ the Commissioner ~~involves a fatality or 24~~
742		-	~~serious physical harm~~, ~~the Commissioner shall issue~~ a citation ~~with reasonable 25~~
743		-	~~promptness, not to exceed 6 months from occurrence of~~ the violation. 26
	750	+	(c) (1) In accordance with any regulation that the Commissioner adopts to 28
	751	+	carry out this title, an employer who is issued a citation shall post the citation or a copy of 29
	752	+	it conspicuously at or near each place where the citation alleges a violation occurred. 30
744	753
745		-	(3) If an employer to whom a citation is issued is a unit of the State 27
746		-	government, the Commissioner or authorized representative shall send a copy of the 28
747		-	citation to the secretary of the principal department to which the unit is assigned or, if the 29
748		-	unit is not part of a principal department, the head of the unit. 30
	754	+	(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 31
	755	+	(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 32
	756	+	BY E–MAIL MAKE AVAILABLE A COPY OF THE CITATI ON TO ALL AFFECTED 33
	757	+	EMPLOYEES. 34
	758	+	HOUSE BILL 176 17
749	759
750		-	(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 31
751		-	BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 32
752		-	AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 33
753		-	CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BO DY AND ANY LEGISLATI VE BODY THAT 34
754		-	HAS OVERSIGHT OF THE PUBLIC BODY. 35 HOUSE BILL 176 17
	760	+
	761	+	(d) The Commissioner may establish, by regulation, procedures for issuance of a 1
	762	+	notice instead of a citation for a de minimis violation that has no direct or immediate 2
	763	+	relationship to safety or health. 3
	764	+
	765	+	(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 4
	766	+	COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 5
	767	+	(C) OF THIS SECTION , THE PUBLIC BODY IS S UBJECT TO A CIVIL PE NALTY OF $500 6
	768	+	PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 7
	769	+	IN COMPLIANCE . 8
	770	+
	771	+	(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 9
	772	+	SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 10
	773	+	DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 11
	774	+
	775	+	5–308. 12
	776	+
	777	+	(A) [The] SUBJECT TO SU BSECTION (B) OF THIS SECTION , THE Board shall 13
	778	+	advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 14
	779	+
	780	+	(1) to prevent conditions that are detrimental to safety and health in each 15
	781	+	employment or place of employment in the State; and 16
	782	+
	783	+	(2) that the Board finds are necessary to protect and to improve the safety 17
	784	+	and health of employees on the basis of circumstantial evidence and information that: 18
	785	+
	786	+	(i) is developed by the Commissioner; 19
	787	+
	788	+	(ii) is available to the Commissioner; or 20
	789	+
	790	+	(iii) is submitted by an interested person to the Board at a public 21
	791	+	hearing held under § 5–310(d) of this subtitle. 22
	792	+
	793	+	(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 23
	794	+	SECTION WITH RESPECT TO PUBLIC BODIES , THE BOARD SHALL: 24
	795	+
	796	+	(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 25
	797	+	AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 26
	798	+
	799	+	(2) RECOMMEND HIGHER STA NDARDS, IF WARRANTED . 27
	800	+
	801	+	5–702. 28
	802	+
	803	+	(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 29
	804	+	Commissioner may require, by regulation, that an employer keep: 30
	805	+
	806	+	[(1)] (I) an accurate record of: 31 18 HOUSE BILL 176
755	807
756	808
757	809
758		-	(b) Each ~~citation under this section shall:~~ 1
	810	+	[(i)] 1. each work–related death; 1
759	811
760		-	(1) ~~be in writing~~; 2
	812	+	[(ii)] 2. each work–related illness; and 2
761	813
762		-	(2) describe, with particularity, the nature of the alleged violation; 3
	814	+	[(iii)] 3. each work–related injury other than a minor injury that 3
	815	+	requires only first aid treatment and does not involve loss of consciousness, medical 4
	816	+	treatment, restriction of motion or work, or transfer to another job; and 5
763	817
764		-	(3) reference the provision of this title, order, or occupational safety and 4
765		-	health standard or other regulation that the employer is alleged to have violated; and 5
	818	+	[(2)] (II) each other record about an activity of the employer under this 6
	819	+	title that the Commissioner considers appropriate or necessary to develop information 7
	820	+	about the causes and prevention of occupational accidents, illnesses, and injuries. 8
766	821
767		-	(4) set a reasonable period for abatement and correction of the alleged 6
768		-	violation. 7
	822	+	(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGULATION 9
	823	+	THAT EACH PUBLIC BOD Y KEEP AN ACCURATE R ECORD OF THE INFORMA TION 10
	824	+	DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 11
769	825
770		-	(c) ~~(1) In accordance with any regulation that~~ the Commissioner ~~adopts to 8~~
771		-	~~carry out this title, an employer who is issued~~ a ~~citation shall post~~ the ~~citation or a copy~~ of 9
772		-	~~it conspicuously at or near each place where the citation alleges a violation occurred~~. 10
	826	+	(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 12
	827	+	A QUARTERLY REPORT O F THE RECORDS REQUIR ED UNDER SUBPARAGRAP H (I) OF 13
	828	+	THIS PARAGRAPH IN TH E FORM AND MANNER TH E COMMISSIONER REQUIRES . 14
773	829
774		-	(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 11
775		-	(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 12
776		-	BY E–MAIL MAKE AVAILABLE A COPY OF THE CITATI ON TO ALL AFFECTED 13
777		-	EMPLOYEES. 14
	830	+	(b) Each employer shall make available to the Commissioner each record that the 15
	831	+	employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 16
778	832
779		-	(d) The Commissioner may establish, by regulation, procedures for issuance of a 15
780		-	notice instead of a citation for a de minimis violation that has no direct or immediate 16
781		-	relationship to safety or health. 17
	833	+	(c) An employer shall report orally to the Commissioner an employment accident 17
	834	+	within 8 hours after it occurs if the accident results in: 18
782	835
783		-	(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 18
784		-	COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 19
785		-	(C) OF THIS SECTION , THE PUBLIC BODY IS S UBJECT TO A CIVIL PE NALTY OF $500 20
786		-	PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 21
787		-	IN COMPLIANCE . 22
	836	+	(1) the death of an employee; or 19
788	837
789		-	(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 23
790		-	SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 24
791		-	DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 25
	838	+	(2) hospitalization of at least three employees. 20
792	839
793		-	5–~~308~~. 26
	840	+	[5–801. 21
794	841
795		-	(A) [The] SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE Board shall 27
796		-	advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 28
	842	+	The penalties in this subtitle do not apply to a public body.] 22
797	843
798		-	(1) to prevent conditions that are detrimental to safety and health in each 29
799		-	employment or place of employment in the State; and 30
	844	+	5–804. 23
800	845
801		-	(2) that the Board finds are necessary to protect and to improve the safety 31
802		-	and health of employees on the basis of circumstantial evidence and information that: 32 18 HOUSE BILL 176
	846	+	(a) A person may not knowingly make a false certification, false representation, 24
	847	+	or false statement in an application, plan, record, report, or other document that is filed or 25
	848	+	required to be kept under this title. 26
	849	+
	850	+	(b) A person who violates any provision of subsection (a) of this section is guilty 27
	851	+	of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 28
	852	+	imprisonment not exceeding 6 months or both. 29
	853	+	HOUSE BILL 176 19
	854	+
	855	+
	856	+	(C) (1) A PERSON WHO HOLDS POL ITICAL OFFICE IN THE STATE, 1
	857	+	WHETHER ELECTED OR A PPOINTED, OR ANY OTHER POSITIO N OF PROFIT OR TRUST 2
	858	+	IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 3
	859	+	STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 4
	860	+	VIOLATES ANY PROVISI ON OF SUBSECTION (A) OF THIS SECTION IS G UILTY OF A 5
	861	+	MISDEMEANOR AND ON C ONVICTION IS SUBJE CT TO A FINE NOT EXC EEDING $20,000 6
	862	+	OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 7
	863	+
	864	+	(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 8
	865	+	SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE IMPOSED FOR ANY CRIME 9
	866	+	BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS SUBSECTION. 10
	867	+
	868	+	5–811. 11
	869	+
	870	+	(a) (1) If a civil penalty that is assessed under this title is not paid in full 12
	871	+	within 30 days after the penalty becomes final, the Commissioner or the Central Collection 13
	872	+	Unit may proceed in the District Court to enforce payment. 14
	873	+
	874	+	(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 15
	875	+	UNDER THIS TITLE IS NOT PAID IN FULL: 16
	876	+
	877	+	(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 17
	878	+	COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 18
	879	+	AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 19
	880	+	THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 20
	881	+	AND 21
	882	+
	883	+	(II) WITHIN 75 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 22
	884	+	COMMISSIONER MAY INCR EASE THE PENALTY BY UP TO FIVE TIMES THE INITIAL 23
	885	+	PENALTY AMOUNT. 24
	886	+
	887	+	(b) In a proceeding under this subsection, the Commissioner or the Central 25
	888	+	Collection Unit is entitled to judgment in the amount of the civil penalty that remains 26
	889	+	unpaid on a showing that: 27
	890	+
	891	+	(1) the penalty was assessed against the defendant; 28
	892	+
	893	+	(2) the penalty has become final; 29
	894	+
	895	+	(3) no appeal is pending; 30
	896	+
	897	+	(4) the penalty is wholly or partly unpaid; and 31
	898	+
	899	+	(5) the defendant: 32
	900	+	20 HOUSE BILL 176
	901	+
	902	+
	903	+	(i) was duly served with a copy of the citation in accordance with 1
	904	+	the applicable regulations of the Commissioner; or 2
	905	+
	906	+	(ii) contested the citation for which the penalty was assessed. 3
	907	+
	908	+	5–812. 4
	909	+
	910	+	(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 5
	911	+	EACH civil penalty under this title shall be paid into the General Fund of the State. 6
	912	+
	913	+	(B) THE REVENUES FROM THE CIVIL PENAL TIES ASSESSED AGAINS T A 7
	914	+	PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 8
	915	+	USED ONLY FOR THE MARYLAND APPRENTICESHIP AND TRAINING PROGRAM. 9
	916	+
	917	+	SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 10
	918	+
	919	+	5–1301. 11
	920	+
	921	+	IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 12
	922	+	TITLE. 13
	923	+
	924	+	5–1302. 14
	925	+
	926	+	(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 15
	927	+	SAFETY AND HEALTH ST ANDARDS ESTABLISHED UNDER THIS TITLE STA NDARDS 16
	928	+	FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIOLEN CE. 17
	929	+
	930	+	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 18
	931	+	OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 19
	932	+	SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 20
	933	+
	934	+	(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (B) OF THIS 21
	935	+	SECTION, THE COMMISSIONER SHALL : 22
	936	+
	937	+	(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 23
	938	+	PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 24
	939	+	SAFETY AND HEALTH ADMINISTRATION AND TH E NATIONAL INSTITUTE FOR 25
	940	+	OCCUPATIONAL SAFETY AND HEALTH; 26
	941	+
	942	+	(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 27
	943	+	CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 28
	944	+	THE BEST WAYS TO PRE VENT WORKPLACE VIOLE NCE; AND 29
	945	+	HOUSE BILL 176 21
	946	+
	947	+
	948	+	(3) HOLD MEETINGS IN AT LEAST FOUR GEOGRAPHI CALLY DIVERSE 1
	949	+	LOCATIONS IN THE STATE TO RECEIVE INPUT FROM INTERESTED PART IES ON THE 2
	950	+	BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 3
	951	+
	952	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
	953	+	October 1, 2025. 5
803	954
804	955
805	956
806		-	(i) is developed by the Commissioner; 1
807	957
808		-	(ii) is available to the Commissioner; or 2
809		-
810		-	(iii) is submitted by an interested person to the Board at a public 3
811		-	hearing held under § 5–310(d) of this subtitle. 4
812		-
813		-	(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 5
814		-	SECTION WITH RESPECT TO PUBLIC BODIES , THE BOARD SHAL L: 6
815		-
816		-	(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 7
817		-	AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 8
818		-
819		-	(2) RECOMMEND HIGHER STA NDARDS, IF WARRANTED . 9
820		-
821		-	5–702. 10
822		-
823		-	(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 11
824		-	Commissioner may require, by regulation, that an employer keep: 12
825		-
826		-	[(1)] (I) an accurate record of: 13
827		-
828		-	[(i)] 1. each work–related death; 14
829		-
830		-	[(ii)] 2. each work–related illness; and 15
831		-
832		-	[(iii)] 3. each work–related injury other than a minor injury that 16
833		-	requires only first aid treatment and does not involve loss of consciousness, medical 17
834		-	treatment, restriction of motion or work, or transfer to another job; and 18
835		-
836		-	[(2)] (II) each other record about an activity of the employer under this 19
837		-	title that the Commissioner considers appropriate or necessary to develop information 20
838		-	about the causes and prevention of occupational accidents, illnesses, and injuries. 21
839		-
840		-	(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGULATION 22
841		-	THAT EACH PUBLIC BOD Y KEEP AN ACCURATE R ECORD OF THE INFORMATION 23
842		-	DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 24
843		-
844		-	(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 25
845		-	A QUARTERLY REPORT O F THE RECORDS REQUIR ED UNDER SUBPARAGRAP H (I) OF 26
846		-	THIS PARAGRAPH IN TH E FORM AND MANNER TH E COMMISSIONER REQ UIRES. 27
847		-
848		-	(b) Each employer shall make available to the Commissioner each record that the 28
849		-	employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 29 HOUSE BILL 176 19
850		-
851		-
852		-
853		-	(c) An employer shall report orally to the Commissioner an employment accident 1
854		-	within 8 hours after it occurs if the accident results in: 2
855		-
856		-	(1) the death of an employee; or 3
857		-
858		-	(2) hospitalization of at least three employees. 4
859		-
860		-	[5–801. 5
861		-
862		-	The penalties in this subtitle do not apply to a public body.] 6
863		-
864		-	5–804. 7
865		-
866		-	(a) A person may not knowingly make a false certification, false representation, 8
867		-	or false statement in an application, plan, record, report, or other document that is filed or 9
868		-	required to be kept under this title. 10
869		-
870		-	(b) A person who violates any provision of subsection (a) of this section is guilty 11
871		-	of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 12
872		-	imprisonment not exceeding 6 months or both. 13
873		-
874		-	(C) (1) A PERSON WHO HOLDS POL ITICAL OFFICE IN THE STATE, 14
875		-	WHETHER ELECTED OR A PPOINTED, OR ANY OTHER POSIT ION OF PROFIT OR TRU ST 15
876		-	IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 16
877		-	STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 17
878		-	VIOLATES ANY PROVISI ON OF SUBSECTION (A) OF THIS SECTION IS G UILTY OF A 18
879		-	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $20,000 19
880		-	OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 20
881		-
882		-	(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 21
883		-	SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE IMPOSED FOR ANY CRIME 22
884		-	BASED ON THE ACT EST ABLISHING THE VIOLATION OF THIS SU BSECTION. 23
885		-
886		-	5–811. 24
887		-
888		-	(a) (1) If a civil penalty that is assessed under this title is not paid in full 25
889		-	within 30 days after the penalty becomes final, the Commissioner or the Central Collection 26
890		-	Unit may proceed in the District Court to enforce payment. 27
891		-
892		-	(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 28
893		-	UNDER THIS TITLE IS NOT PAID IN FULL: 29
894		-
895		-	(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 30
896		-	COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 31 20 HOUSE BILL 176
897		-
898		-
899		-	AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 1
900		-	THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 2
901		-	AND 3
902		-
903		-	(II) WITHIN 75 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 4
904		-	COMMISSIONER MAY INCR EASE THE PENALTY BY UP TO FIVE TIM ES THE INITIAL 5
905		-	PENALTY AMOUNT . 6
906		-
907		-	(b) In a proceeding under this subsection, the Commissioner or the Central 7
908		-	Collection Unit is entitled to judgment in the amount of the civil penalty that remains 8
909		-	unpaid on a showing that: 9
910		-
911		-	(1) the penalty was assessed against the defendant; 10
912		-
913		-	(2) the penalty has become final; 11
914		-
915		-	(3) no appeal is pending; 12
916		-
917		-	(4) the penalty is wholly or partly unpaid; and 13
918		-
919		-	(5) the defendant: 14
920		-
921		-	(i) was duly served with a copy of the citation in accordance with 15
922		-	the applicable regulations of the Commissioner; or 16
923		-
924		-	(ii) contested the citation for which the penalty was assessed. 17
925		-
926		-	5–812. 18
927		-
928		-	(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 19
929		-	EACH civil penalty under this title shall be paid into the General Fund of the State. 20
930		-
931		-	(B) THE REVENUES FROM THE CIVIL PENALTIES ASSE SSED AGAINST A 21
932		-	PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 22
933		-	USED ONLY FOR THE MARYLAND APPRENTICESHIP AND TRAINING PROGRAM. 23
934		-
935		-	SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 24
936		-
937		-	5–1301. 25
938		-
939		-	IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 26
940		-	TITLE. 27
941		-
942		-	5–1302. 28
943		-	HOUSE BILL 176 21
944		-
945		-
946		-	(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 1
947		-	SAFETY AND HEALTH ST ANDARDS ESTABLISHED UNDER THIS TITLE STA NDARDS 2
948		-	FOR PROTECTING EMPLO YEES OF PUBLIC BODIES FRO M WORKPLACE VIOLENCE . 3
949		-
950		-	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 4
951		-	OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 5
952		-	SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 6
953		-
954		-	(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECTION (B) OF THIS 7
955		-	SECTION, THE COMMISSIONER SHALL : 8
956		-
957		-	(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 9
958		-	PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 10
959		-	SAFETY AND HEALTH ADMINISTRATION AND TH E NATIONAL INSTITUTE FOR 11
960		-	OCCUPATIONAL SAFETY AND HEALTH; 12
961		-
962		-	(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 13
963		-	CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 14
964		-	THE BEST WAYS TO PRE VENT WORKPLACE VIOLE NCE; AND 15
965		-
966		-	(3) HOLD MEETINGS IN AT LEAST FOUR GEOGRAPHI CALLY DIVERSE 16
967		-	LOCATIONS IN THE STATE TO RECEIVE INPU T FROM INTERESTED PA RTIES ON THE 17
968		-	BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 18
969		-
970		-	Article – Public Safety 19
971		-
972		-	12–804. 20
973		-
974		-	(b) (1) [Sections] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 21
975		-	SUBSECTION, §§ 5–205(j), 5–207, 5–214, 5–215, and 5–216 and Title 5, Subtitle 8 of the 22
976		-	Labor and Employment Article apply to Part II of this subtitle. 23
977		-
978		-	(2) THE PENALTIES ESTABLI SHED UNDER THIS SUBT ITLE AND TITLE 24
979		-	5, SUBTITLE 8 OF THE LABOR AND EMPLOYMENT ARTICLE DO NOT APPLY WITH 25
980		-	RESPECT TO AN ELEVAT OR UNIT OWNED BY A P UBLIC BODY, AS DEFINED IN § 5–101 26
981		-	OF THE LABOR AND EMPLOYMENT ARTICLE. 27
982		-
983		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
984		-	October 1, 2025. 29
985		-
	958	+	Approved:
	959	+	________________________________________________________________________________
	960	+	Governor.
	961	+	________________________________________________________________________________
	962	+	Speaker of the House of Delegates.
	963	+	________________________________________________________________________________
	964	+	President of the Senate.