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.
Italics indicate opposite chamber/conference committee amendments.
*sb0026*
SENATE BILL 26
K3, P1, L6 (5lr1337)
ENROLLED BILL
— Finance/Appropriations —
Introduced by Senator Kramer
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 Correctional Training Commission to adopt certain 4
regulations for the training, issuance, and use of body–worn cameras; requiring each 5
correctional unit to develop and maintain a certain written policy for the use of 6
body–worn cameras by correctional officers, subject to a certain exception; 7
establishing that it is lawful for a correctional officer to intercept certain 8
communications by use of a body–worn camera under certain circumstances; 9
requiring the Commissioner of Labor and Industry to appoint an Assistant 10
Commissioner for Public Employees’ Safety and Health for certain purposes; 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 2 SENATE BILL 26
repealing the prohibition on certain penalties being applied to public bodies; 1
requiring the Attorney General to provide certain notices and prioritize certain 2
requests for administrative warrants; requiring the revenues from certain civil 3
penalties to be used for the Maryland Apprenticeship and Training Program; 4
requiring the Commissioner of Labor and Industry, in consultation with the 5
Occupational Safety and Health Advisory Board, to adopt regulations that protect 6
employees of public bodies from workplace violence; providing that certain penalties 7
do not apply with respect to an elevator unit owned by a public body; and generally 8
relating to the Maryland Occupational Safety and Health Act public employee safety 9
and health. 10
BY adding to 11
Article – Correctional Services 12
Section 8–211 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 10–402(c)(11) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Labor and Employment 22
Section 2–104(b), 5–101, 5–102, 5–104, 5–202(b)(1), 5–205(h), 5–202, 5–206, 5–207, 23
5–208, 5–211, 5–212, 5–308, 5–702, 5–804, 5–811, 5–702(a), and 5–812 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2024 Supplement) 26
BY repealing 27
Article – Labor and Employment 28
Section 5–801 29
Annotated Code of Maryland 30
(2016 Replacement Volume and 2024 Supplement) 31
BY adding to 32
Article – Labor and Employment 33
Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 34
Preventing Workplace Violence” 35
Annotated Code of Maryland 36
(2016 Replacement Volume and 2024 Supplement) 37
BY repealing and reenacting, with amendments, 38
Article – Public Safety 39
Section 12–804(b) 40
Annotated Code of Maryland 41 SENATE BILL 26 3
(2022 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Correctional Services 4
8–211. 5
(A) ON OR BEFORE JANUARY 1, 2026, THE COMMISSION SHALL ADOPT 6
REGULATIONS FOR THE TRAINING, ISSUANCE, AND USE OF A BODY –WORN CAMERA 7
BY A CORRECTIONAL OF FICER THAT ADDRESS : 8
(1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 9
FUNCTIONING ; 10
(2) THE PROCEDURE FOR TH E CORRECTIONAL OFFIC ER TO FOLLOW IF 11
THE CAMERA FAILS TO PROPERLY OPERATE AT THE BEGINNING OF OR DURING THE 12
CORRECTIONAL OFFICER ’S SHIFT; 13
(3) WHEN RECORDING IS MA NDATORY; 14
(4) WHEN RECORDING IS PR OHIBITED; 15
(5) WHEN RECORDING IS DI SCRETIONARY ; 16
(6) WHEN RECORDING MAY R EQUIRE CONSEN T OF A SUBJECT BEING 17
RECORDED; 18
(7) WHEN A RECORDING MAY BE ENDED; 19
(8) PROVIDING NOTICE OF RECORDING; 20
(9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 21
(10) THE SECURE STORAGE O F DATA FROM A BODY –WORN CAMERA ; 22
(11) REVIEW AND USE OF RE CORDINGS; 23
(12) RETENTION OF RECORDI NGS; 24
(13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 25
4 SENATE BILL 26
(14) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 1
BECOMES A PARTY TO T HE COMMUNICATION FOL LOWING THE INITIAL 2
NOTIFICATION; 3
(15) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THE RE IS AN 4
EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 5
(16) THE PROCEDURES FOR A CORRECTIONAL OFFICER TO FOLLOW IF 6
THE CORRECTIONAL OFF ICER REGULARLY INTER ACTS WITH MEMBERS OF THE 7
PUBLIC OUTSIDE AS PA RT OF THE CORRECTION AL OFFICER’S OFFICIAL DUTIES. 8
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , EACH 9
CORRECTIONAL UNIT SH ALL DEVELOP AND MAIN TAIN A WRITTEN POLIC Y 10
CONSISTENT WITH THE REGULATIONS ADOPTED BY THE COMMISSION UNDER 11
SUBSECTION (A) OF THIS SECTION FOR THE USE OF BODY–WORN CAMERAS . 12
(C) (1) THIS SUBSECTION APPLI ES ONLY TO A LOCAL C ORRECTIONAL 13
FACILITY. 14
(2) A LOCAL CORRECTIONAL FACILITY MAY NOT BE REQUIRED TO 15
ADOPT THE USE OF BOD Y–WORN CAMERAS BY CORR ECTIONAL OFFICERS . 16
(3) IF A LOCAL CORRECTION AL FACILITY ADOPTS THE USE OF 17
BODY–WORN CAMERAS , THE LOCAL CORRECTION AL FACILITY SHALL DE VELOP AND 18
MAINTAIN A WRITTEN P OLICY CONSISTENT WIT H THE REGULATIONS AD OPTED BY 19
THE COMMISSION UNDER SUBS ECTION (A) OF THIS SECTION FOR THE USE OF 20
BODY–WORN CAMERAS . 21
Article – Courts and Judicial Proceedings 22
10–402. 23
(c) (11) (i) 1. In this paragraph the following words have the meanings 24
indicated. 25
2. “Body–worn digital recording device” means a device worn 26
on the person of a law enforcement officer OR A CORRECTIONAL OFFICER that is capable 27
of recording video and intercepting oral communications. 28
3. “Electronic control device” has the meaning stated in § 29
4–109 of the Criminal Law Article. 30
(ii) It is lawful under this subtitle for a law enforcement officer OR A 31
CORRECTIONAL OFFICER in the course of the officer’s regular duty to intercept an oral 32 SENATE BILL 26 5
communication with a body–worn digital recording device or an electronic control device 1
capable of recording video and oral communications if: 2
1. The law enforcement officer OR CORRECTIONAL OFFI CER 3
is in uniform or prominently displaying the officer’s badge or other insignia; 4
2. The law enforcement officer OR CORRECTIONAL OFFI CER 5
is making reasonable efforts to conform to standards in accordance with § 3–511 of the 6
Public Safety Article OR § 8–211 OF THE CORRECTIONAL SERVICES ARTICLE for the use 7
of body–worn digital recording devices or electronic control devices capable of recording 8
video and oral communications; 9
3. The law enforcement officer OR CORRECTIONAL OFFI CER 10
is a party to the oral communication; 11
4. Law enforcement OR THE CORRECTIONAL OFFICER 12
notifies, as soon as is practicable, the individual that the individual is being recorded, unless 13
it is unsafe, impractical, or impossible to do so; and 14
5. The oral interception is being made as part of a videotape 15
or digital recording. 16
(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 17
not affect the admissibility in court of the recording if the failure to notify involved an 18
individual who joined a discussion in progress for which proper notification was previously 19
given. 20
Article – Labor and Employment 21
2–104. 22
(b) (1) The Commissioner shall appoint an Assistant Commissioner for 23
Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 24
EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 25
(2) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 26
in the management service in the State Personnel Management System and serves at the 27
pleasure of the Commissioner. 28
(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 29
entitled to the salary provided in the State budget. 30
5–101. 31
(a) In this title the following words have the meanings indicated. 32
6 SENATE BILL 26
(b) “Commissioner” means the Commissioner of Labor and Industry. 1
(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 2
individual whom an employer employs, for a wage or other compensation, in the business 3
of the employer. 4
(2) “Employee” includes: 5
(i) an individual whom a [governmental unit] PUBLIC BODY 6
employs; 7
(ii) an individual who is licensed as a taxicab driver and leases or 8
rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 9
(iii) an individual who is employed for part–time or temporary help 10
by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 11
employs individuals to provide part–time or temporary help to another [governmental unit] 12
PUBLIC BODY or person; and 13
(iv) an individual who performs work for a [governmental unit] 14
PUBLIC BODY or person to whom the individual is provided by another [governmental 15
unit] PUBLIC BODY or person who engages in a business that directly employs individuals 16
to provide part–time or temporary help. 17
(d) (1) “Employer” means: 18
(i) except as provided in § 5–401 of this title, a person who is 19
engaged in commerce, industry, trade, or other business in the State and employs at least 20
one employee in that business; or 21
(ii) a public body. 22
(2) “Employer” includes: 23
(i) a person who operates or owns a taxicab business in Baltimore 24
City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 25
public; 26
(ii) a governmental unit PUBLIC BODY or person who engages in a 27
business that directly employs individuals to provide part–time or temporary help to 28
another governmental unit PUBLIC BODY or person; and 29
(iii) a governmental unit PUBLIC BODY or person who contracts 30
directly with another governmental unit PUBLIC BODY or person who engages in a 31
business that directly employs individuals to provide part–time or temporary help to 32
another governmental unit PUBLIC BODY or person. 33 SENATE BILL 26 7
(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 1
OF A PUBLIC BODY GOE S TO CONDUC T WORK ON BEHALF OF THE PUBLIC BODY THAT 2
IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 3
(2) “FIELDWORK LOCATION ” INCLUDES A DRIVING R OUTE THAT AN 4
EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUTIES FOR THE 5
PUBLIC BODY. 6
(F) “Occupational safety and health standard” means a regulation that requires: 7
(1) a condition that is reasonably appropriate or necessary to make 8
employment and places of employment safe and healthful; or 9
(2) the adoption or use of a means, method, operation, practice, or process 10
that is reasonably appropriate or necessary to make employment and places of employment 11
safe and healthful. 12
[(f)] (G) “Person” includes a successor. 13
[(g)] (H) (1) “Place of employment” means a place in or about which an 14
employee is allowed to work. 15
(2) “PLACE OF EMPLOYMENT ” INCLUDES: 16
(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 17
PUBLIC BODY; AND 18
(II) A FIELDWORK LOCATION . 19
[(h)] (I) “Public body” means: 20
(1) a governmental unit; 21
(2) a public or quasi–public corporation of the State; 22
(3) a school district in the State or any unit of the district; or 23
(4) a special district in the State or any unit of the district. 24
(J) (I) (1) “WORKPLACE VIOLENCE ” MEANS AN ACT OF VIOL ENCE OR A 25
THREAT OF VIOLENCE THAT OCCURS AT A PLACE OF EMPLOY MENT AND THAT IS NOT 26
A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 27
8 SENATE BILL 26
(2) “WORKPLACE VIOLENCE ” INCLUDES, REGARDLESS OF WHETHE R 1
THE EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGI CALLY INJURED : 2
(I) USING OR THR EATENING TO USE PHYS ICAL FORCE AGAINST 3
AN EMPLOYEE ; OR 4
(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 5
USE OF A FIREARM OR OTHER DANGEROUS WEAP ON. 6
5–102. 7
(a) The General Assembly finds that: 8
(1) personal injuries and illnesses that arise out of conditions of 9
employment substantially burden employers and employees in terms of lost production, 10
medical expenses, disability compensation payments, and lost wages; [and] 11
(2) the prevention of these injuries and illnesses is in the best interest and 12
welfare of the people and the State; AND 13
(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 14
MAINTAINING SAFE AND HEALTHY WORKPLACES . 15
(b) The purposes of this title are to ensure, to the extent practicable, that each 16
working [man and woman] INDIVIDUAL in the State has working conditions that are safe 17
and healthful and to preserve human resources by: 18
(1) providing that employers and employees have separate but dependent 19
responsibilities and rights with respect to making working conditions safe and healthful; 20
(2) providing for the development and adoption of occupational safety and 21
health standards, INCLUDING STANDARDS THAT ADDRESS WORKPLA CE VIOLENCE; 22
(3) providing for training and other education of personnel so that 23
occupational safety and health standards are administered fairly and efficiently; 24
(4) providing an effective compliance and enforcement program under this 25
title; 26
(5) encouraging employers and employees to: 27
(i) reduce the number of occupational health and safety hazards at 28
their places of employment; and 29
(ii) create or improve programs to make working conditions safe and 30
healthful; 31 SENATE BILL 26 9
(6) encouraging joint efforts of labor and management to reduce diseases 1
and injuries that arise out of employment; 2
(7) building on advances already made through the initiatives of employers 3
and employees to make working conditions safe and healthful; 4
(8) developing innovative approaches, methods, and techniques to deal 5
with occupational safety and health problems; 6
(9) providing for research in the field of occupational safety and health; 7
(10) conducting research on occupational health problems, including 8
research to: 9
(i) identify causal connections between diseases and work in 10
environmental conditions; and 11
(ii) explore ways to discover latent diseases; 12
(11) providing medical criteria to ensure, to the extent practicable, that 13
work does not diminish the functional capacity, health, or life expectancy of an employee; 14
(12) providing for reporting procedures on occupational safety and health 15
that are appropriate to help to achieve the purposes of this title and to describe accurately 16
the nature of occupational safety and health problems; 17
(13) providing for the dissemination of information about health and safety 18
hazards posed by toxic and hazardous substances to which workers are exposed; 19
(14) requiring employers to educate employees who work with hazardous 20
substances about the hazards of the substances and about safe procedures; 21
(15) requiring employers to give information to governmental units PUBLIC 22
BODIES that are charged with fire protection, to protect the health and safety of firefighters 23
and the public; [and] 24
(16) providing information and incentives for employers and employees to 25
make ridesharing arrangements; AND 26
(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 27
HEALTHFUL BY REQUIRI NG: 28
(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGR AMS AND 29
PLANS RELATED TO WOR KPLACE VIOLENCE ; 30
10 SENATE BILL 26
(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 1
REGULARLY ; AND 2
(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 3
THAT: 4
1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 5
ARE SAFE AND HEALTHY ; AND 6
2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 7
THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF T HEIR 8
CAREERS. 9
5–104. 10
(a) Each employer shall provide each employee of the employer with employment 11
and a place of employment that are: 12
(1) safe and healthful; and 13
(2) free from each recognized hazard that is causing or likely to cause death 14
or serious physical harm to the employee. 15
(b) (1) Each employer shall comply with this title, each applicable regulation 16
that the Commissioner adopts to carry out this title, and each applicable order that the 17
Commissioner passes under this title. 18
(2) Each employee shall comply with this title and, when applicable to the 19
employee’s actions and conduct in the course of employment, each regulation that the 20
Commissioner passes under this title. 21
(c) (1) Each employer shall keep its employees informed of their protections 22
and duties under this title, including each applicable occupational safety and health 23
standard, by: 24
[(1)] (I) posting notice where notices to employees normally are posted; 25
or 26
[(2)] (II) using other appropriate means. 27
(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 28
THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND MAKE AVAILABLE BY 29
E–MAIL TO EACH OF ITS EMPLO YEES A COPY OF: 30
SENATE BILL 26 11
(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 1
FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 2
AND 3
(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 4
BODY IN THE IMMEDIAT ELY PRECEDING YEAR , IF ANY. 5
5–202. 6
(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 8
ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 9
[health] HEALTH any duty or function of the Commissioner under this title. 10
(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 11
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 12
FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 13
WITH RESPECT TO PUBL IC BODIES. 14
(b) (1) The Commissioner may enter into a written agreement with a 15
governmental unit to delegate any power of inspection under this title. 16
(2) An agreement under this subsection shall: 17
(i) specify the procedure to be used in an inspection under the 18
agreement; 19
(ii) enable the Commissioner to monitor an inspection power under 20
the agreement; and 21
(iii) enable the Commissioner to revoke the agreement at any time. 22
5–202. 23
(b) (1) The Commissioner may enter into a written agreement with a 24
[governmental unit] PUBLIC BODY to delegate any power of inspection under this title. 25
5–205. 26
(h) With the consent of a [governmental unit] PUBLIC BODY, the Commissioner 27
may use an employee, facility, or service of the [governmental unit] PUBLIC BODY, with or 28
without reimbursement, to help the Commissioner carry out a function under this title. 29
5–206. 30
12 SENATE BILL 26
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 3
COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 4
(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 5
UNIT. 6
(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 7
DIVISION OF LABOR AND INDUSTRY. 8
(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 9
[(a)] (D) The ASSISTANT Commissioner shall, SUBJECT TO THE APPRO VAL 10
OF THE COMMISSIONER , provide for and maintain a comprehensive and effective 11
program on occupational safety and health for employees of public bodies THAT IS 12
ADMINISTERED AND ENF ORCED BY THE UNIT. 13
[(b)] (E) The program under this section shall: 14
(1) be generally consistent with this title; [and] 15
(2) require each public body to: 16
(i) provide conditions and places of employment that are safe and 17
healthful; 18
(ii) develop, conduct, and maintain in each unit of the public body a 19
program of self–inspection that the ASSISTANT Commissioner approves AND MONITORS ; 20
(iii) keep and make available to the ASSISTANT Commissioner each 21
record that the Commissioner requires under this title and for development of information 22
about occupational accidents, illnesses, and injuries, to allow proper evaluation and 23
necessary corrective action; and 24
(iv) submit each report that the Commissioner requires; AND 25
(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 26
(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRA M DEVELOPED , 27
CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 28
(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 29
WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 30
SENATE BILL 26 13
(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 1
PRODUCE THE MOST COM PLAINTS AND CITATIONS; 2
(III) INCLUDES RANDOM INSP ECTIONS THAT OCCUR W ITHOUT 3
NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 4
(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 5
CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 6
TRADITIONAL W ORKPLACE BUT INSTEAD WORK AT VARYING ASSI GNED FIELDWORK 7
LOCATIONS; AND 8
(V) OTHERWISE COMPLIES W ITH THE INSPECTION 9
REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 10
[(c) The Commissioner shall monitor the program of each public body for 11
self–inspection. 12
(d) The penalties under Subtitle 8 of this title do not apply to a public body.] 13
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 14
BEFORE JULY 1 EACH YEAR THE ASSISTANT COMMISSIONER SHALL PU BLISH 15
ONLINE A WRITTEN REP ORT ON SAFETY AND HE ALTH IN PUBLIC BODIES. 16
(2) THE REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 17
INCLUDE: 18
(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 19
(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 20
THE IMMEDIATELY PREC EDING YEAR; 21
(III) A SUMMARY OF TRENDING SAFETY AND HEALTH ISSUES 22
RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 23
(IV) A LIST OF ANY: 24
1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 25
THE WORKPLACES OF PU BLIC BODIES DURING T HE IMMEDIATELY PRECE DING YEAR; 26
AND 27
2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 28
IMMEDIATELY PRECEDIN G YEAR. 29
14 SENATE BILL 26
(3) ON OR BEFORE JULY 1 EACH YEAR, THE COMMISSIONER SHALL 1
SUBMIT THE REPORT RE QUIRED TO BE PUBLISH ED UNDER PARAGRAPH (1) OF THIS 2
SUBSECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 3
STATE GOVERNMENT ARTICLE. 4
(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 5
AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM INS PECTING A 6
PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 7
5–207. 8
(A) On request of the Commissioner, the Attorney General may proceed in a State 9
or federal court or before any other federal unit: 10
(1) to enforce a decision of the Commissioner under this title; 11
(2) subject to § 3–302 of the State Finance and Procurement Article, to 12
collect a civil penalty that is assessed by order of the Commissioner under this title; or 13
(3) to enforce any other order of the Commissioner under this title. 14
(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 15
A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 16
(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 17
OF THE PUBLIC BODY A ND ANY EMPLOYEE REPR ESENTATIVES; AND 18
(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 19
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 20
5–208. 21
(a) The Commissioner or authorized representative of the Commissioner may 22
enter a place of employment where work is performed, without delay at any reasonable 23
time, to: 24
(1) inspect the place of employment; 25
(2) investigate all pertinent apparatus, conditions, devices, equipment, 26
materials, [and] structures, AND VEHICLES at the place of employment; and 27
(3) question privately an agent, employee, or employer. 28
(b) (1) Subject to any regulation that the Commissioner adopts to carry out 29
this title, a representative chosen by employees and a representative of the employer shall 30 SENATE BILL 26 15
be given an opportunity to accompany the Commissioner or an authorized representative 1
of the Commissioner during an inspection under this subtitle. 2
(2) If there is no authorized employee representative, the Commissioner 3
shall consult with a reasonable number of employees about safety and health in the place 4
of employment. 5
(c) (1) Before or during an inspection, an employee or authorized 6
representative of employees in a place of employment or authorized representative of the 7
Commissioner may give the Commissioner written notice of any violation of this title that 8
the employee or representative has reason to believe exists at the place of employment of 9
the employee. 10
(2) The Commissioner shall set, by regulation, procedures for informal 11
review of any refusal to issue a citation on the basis of notice under this subsection. 12
(3) If an employee or authorized representative of employees asks for 13
informal review under this subsection, the Commissioner shall give the employee or 14
representative a written statement of the reasons for the final disposition. 15
(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTA TIVE OF THE 16
COMMISSIONER MAY : 17
(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 18
ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 19
BEHALF OF THE PUBLIC BODY; AND 20
(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 21
PUBLIC BOD Y HAS CAUSE TO ENTER WHILE ACCOMPANYING T HE EMPLOYEE . 22
5–211. 23
(a) Whenever an individual who is authorized to inspect property in the State is 24
denied access after the individual makes a proper request to the owner, lessee, or other 25
person in charge of the property, the individual may apply to the District Court for an 26
administrative search warrant under this section. 27
(b) Each application under this section shall: 28
(1) state the nature, purpose, and scope of the inspection; and 29
(2) show that: 30
(i) the applicant: 31
16 SENATE BILL 26
1. is authorized by law to inspect the property to which 1
access was denied; and 2
2. requested access at a reasonable time; 3
(ii) access was denied; and 4
(iii) the inspection is for a purpose related to safety or health. 5
(c) (1) An application may not be submitted to the District Court unless 6
approved by the Attorney General. 7
(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 8
SAFETY AND HEALTH OR AN AUTHORIZED REP RESENTATIVE OF THE ASSISTANT 9
COMMISSIONER APPLIES FOR AN ADMINISTRATIVE SE ARCH WARRANT UNDER 10
SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 11
AND EXPEDITE REVIEW OF THE APPLICATION . 12
(d) On application in accordance with this section, the District Court may issue 13
an administrative search warrant. 14
5–212. 15
(a) (1) Except as provided in paragraph (2) of this subsection, if after an 16
inspection or investigation, the Commissioner or authorized representative of the 17
Commissioner is of the opinion that an employer has violated a duty under this title or an 18
order passed under this title or an occupational safety and health standard or other 19
regulation adopted to carry out this title, the Commissioner or authorized representative 20
shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 21
of 90 days from the date of the closing conference on the inspection or investigation or 6 22
months from the occurrence of the violation. 23
(2) If the incident investigated by the Commissioner involves a fatality or 24
serious physical harm, the Commissioner shall issue a citation with reasonable 25
promptness, not to exceed 6 months from occurrence of the violation. 26
(3) If an employer to whom a citation is issued is a unit of the State 27
government, the Commissioner or authorized representative shall send a copy of the 28
citation to the secretary of the principal department to which the unit is assigned or, if the 29
unit is not part of a principal department, the head of the unit. 30
(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 31
BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 32
AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 33
CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BO DY AND ANY LEGISLATI VE BODY THAT 34
HAS OVERSIGHT OF THE PUBLIC BODY. 35 SENATE BILL 26 17
(b) Each citation under this section shall: 1
(1) be in writing; 2
(2) describe, with particularity, the nature of the alleged violation; 3
(3) reference the provision of this title, order, or occupational safety and 4
health standard or other regulation that the employer is alleged to have violated; and 5
(4) set a reasonable period for abatement and correction of the alleged 6
violation. 7
(c) (1) In accordance with any regulation that the Commissioner adopts to 8
carry out this title, an employer who is issued a citation shall post the citation or a copy of 9
it conspicuously at or near each place where the citation alleges a violation occurred. 10
(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 11
(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 12
MAKE AVAILABLE BY E–MAIL A COPY OF THE CITATI ON TO ALL AFFECTED 13
EMPLOYEES. 14
(d) The Commissioner may establish, by regulation, procedures for issuance of a 15
notice instead of a citation for a de minimis violation that has no direct or immediate 16
relationship to safety or health. 17
(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 18
COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 19
(C) OF THIS SECTION , THE PUBLIC BODY IS S UBJECT TO A CIVIL PE NALTY OF $500 20
PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 21
IN COMPLIANCE . 22
(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 23
SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 24
DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 25
5–308. 26
(A) [The] SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE Board shall 27
advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 28
(1) to prevent conditions that are detrimental to safety and health in each 29
employment or place of employment in the State; and 30
(2) that the Board finds are necessary to protect and to improve the safety 31
and health of employees on the basis of circumstantial evidence and information that: 32 18 SENATE BILL 26
(i) is developed by the Commissioner; 1
(ii) is available to the Commissioner; or 2
(iii) is submitted by an interested person to the Board at a public 3
hearing held under § 5–310(d) of this subtitle. 4
(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 5
SECTION WITH RESPECT TO PUBLIC BODIES, THE BOARD SHALL: 6
(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 7
AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 8
(2) RECOMMEND HIGHER STA NDARDS, IF WARRANTED . 9
5–702. 10
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSEC TION, THE 11
Commissioner may require, by regulation, that an employer keep: 12
[(1)] (I) an accurate record of: 13
[(i)] 1. each work–related death; 14
[(ii)] 2. each work–related illness; and 15
[(iii)] 3. each work–related injury other than a minor injury that 16
requires only first aid treatment and does not involve loss of consciousness, medical 17
treatment, restriction of motion or work, or transfer to another job; and 18
[(2)] (II) each other record about an activity of the employer under this 19
title that the Commissioner considers appropriate or necessary to develop information 20
about the causes and prevention of occupational accidents, illnesses, and injuries. 21
(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGULATION 22
THAT EACH PUBLIC BOD Y KEEP AN ACCURATE RECORD OF T HE INFORMATION 23
DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 24
(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 25
A QUARTERLY REPORT O F THE RECORDS REQUIR ED UNDER SUBPARAGRAP H (I) OF 26
THIS PARAGRAPH IN TH E FORM AND MANNER TH E COMMISSIONER REQUIRES . 27
(b) Each employer shall make available to the Commissioner each record that the 28
employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 29 SENATE BILL 26 19
(c) An employer shall report orally to the Commissioner an employment accident 1
within 8 hours after it occurs if the accident results in: 2
(1) the death of an employee; or 3
(2) hospitalization of at least three employees. 4
[5–801. 5
The penalties in this subtitle do not apply to a public body.] 6
5–804. 7
(a) A person may not knowingly make a false certification, false representation, 8
or false statement in an application, plan, record, report, or other document that is filed or 9
required to be kept under this title. 10
(b) A person who violates any provision of subsection (a) of this section is guilty 11
of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 12
imprisonment not exceeding 6 months or both. 13
(C) (1) A PERSON WHO HOLDS POL ITICAL OFFICE IN THE STATE, 14
WHETHER ELECTED OR A PPOINTED, OR ANY OTHER POSITION OF PROFI T OR TRUST 15
IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 16
STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 17
VIOLATES ANY PROVISI ON OF SUBSECTION (A) OF THIS SECTION IS G UILTY OF A 18
MISDEMEANOR A ND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $20,000 19
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 20
(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 21
SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE IMPOSED FOR ANY CRIME 22
BASED ON THE ACT ESTABLISHING THE VIO LATION OF THIS SUBSE CTION. 23
5–811. 24
(a) (1) If a civil penalty that is assessed under this title is not paid in full 25
within 30 days after the penalty becomes final, the Commissioner or the Central Collection 26
Unit may proceed in the District Court to enforce payment. 27
(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 28
UNDER THIS TITLE IS NOT PAID IN FULL: 29
(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 30
COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 31 20 SENATE BILL 26
AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 1
THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 2
AND 3
(II) WITHIN 75 DAYS AFTER THE PENAL TY BECOMES FINAL , THE 4
COMMISSIONER MAY INCR EASE THE PENALTY BY UP TO FIVE TIMES THE INITIAL 5
PENALTY AMOUNT . 6
(b) In a proceeding under this subsection, the Commissioner or the Central 7
Collection Unit is entitled to judgment in the amount of the civil penalty that remains 8
unpaid on a showing that: 9
(1) the penalty was assessed against the defendant; 10
(2) the penalty has become final; 11
(3) no appeal is pending; 12
(4) the penalty is wholly or partly unpaid; and 13
(5) the defendant: 14
(i) was duly served with a copy of the citation in accordance with 15
the applicable regulations of the Commissioner; or 16
(ii) contested the citation for which the penalty was assessed. 17
5–812. 18
(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 19
EACH civil penalty under this title shall be paid into the General Fund of the State. 20
(B) THE REVENUES FROM THE CIVIL PENALTIES ASSE SSED AGAINST A 21
PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 22
USED ONLY FOR THE MARYLAND APPRENTICE SHIP AND TRAINING PROGRAM. 23
SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 24
5–1301. 25
IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 26
TITLE. 27
5–1302. 28
SENATE BILL 26 21
(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 1
SAFETY AND HEALTH STANDARDS EST ABLISHED UNDER THIS TITLE STANDARDS 2
FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIO LENCE. 3
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 4
OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 5
SHALL ADOPT REGULATIONS TO CARRY OUT THIS SE CTION. 6
(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (B) OF THIS 7
SECTION, THE COMMISSIONER SHALL : 8
(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 9
PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 10
SAFETY AND HEALTH ADMINISTRATION AND TH E NATIONAL INSTITUTE FOR 11
OCCUPATIONAL SAFETY AND HEALTH; 12
(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 13
CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 14
THE BEST WAYS TO PRE VENT WORKP LACE VIOLENCE ; AND 15
(3) HOLD MEETINGS IN AT LEAST FOUR GEOGRAPHI CALLY DIVERSE 16
LOCATIONS IN THE STATE TO RECEIVE INPU T FROM INTERESTED PA RTIES ON THE 17
BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 18
Article – Public Safety 19
12–804. 20
(b) (1) [Sections] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 21
SUBSECTION, §§ 5–205(j), 5–207, 5–214, 5–215, and 5–216 and Title 5, Subtitle 8 of the 22
Labor and Employment Article apply to Part II of this subtitle. 23
(2) THE PENALTIES ESTABLI SHED UNDER THIS SUBT ITLE AND TITLE 24
5, SUBTITLE 8 OF THE LABOR AND EMPLOYMENT ARTICLE DO NOT APPLY WITH 25
RESPECT TO AN ELEVAT OR UNIT OWNED BY A P UBLIC BODY, AS DEFINED IN § 5–101 26
OF THE LABOR AND EMPLOYMENT ARTICLE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2025. 29