Maryland 2025 Regular Session

Maryland Senate Bill SB26 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		sb0026
10	9
11	10		SENATE BILL 26
12		-	K3, P1, L6 (5lr1337)
13		-	ENROLLED BILL
14		-	— Finance/Appropriations —
15		-	Introduced by Senator Kramer
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		-	President.
	11	+	K3, P1, L6 5lr1337
	12	+	(PRE–FILED) CF HB 176
	13	+	By: Senator Kramer
	14	+	Requested: October 23, 2024
	15	+	Introduced and read first time: January 8, 2025
	16	+	Assigned to: Finance
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted
	19	+	Read second time: February 16, 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		-	FOR the purpose of requiring the Correctional Training Commission to adopt certain 4
39		-	regulations for the training, issuance, and use of body–worn cameras; requiring each 5
40		-	correctional unit to develop and maintain a certain written policy for the use of 6
41		-	body–worn cameras by correctional officers, subject to a certain exception; 7
42		-	establishing that it is lawful for a correctional officer to intercept certain 8
43		-	communications by use of a body–worn camera under certain circumstances; 9
44		-	requiring the Commissioner of Labor and Industry to appoint an Assistant 10
45		-	Commissioner for Public Employees’ Safety and Health for certain purposes; 11
46		-	establishing the Public Employees’ Safety and Health Unit in the Division of Labor 12
47		-	and Industry to administer and enforce certain provisions regarding the oversight of 13
48		-	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 SENATE BILL 26
	28	+	FOR the purpose of requiring the Commissioner of Labor and Industry to appoint an 4
	29	+	Assistant Commissioner for Public Employees’ Safety and Health for certain 5
	30	+	purposes; establishing the Public Employees’ Safety and Health Unit in the Division 6
	31	+	of Labor and Industry to administer and enforce certain provisions regarding the 7
	32	+	oversight of workplace safety and health of employees of certain public bodies; 8
	33	+	altering the Maryland Occupational Safety and Health Act as it applies to certain 9
	34	+	public bodies; repealing the prohibition on certain penalties being applied to public 10
	35	+	bodies; requiring the Attorney General to provide certain notices and prioritize 11
	36	+	certain requests for administrative warrants; requiring the revenues from certain 12
	37	+	civil penalties to be used for the Maryland Apprenticeship and Training Program; 13
	38	+	requiring the Commissioner, in consultation with the Occupational Safety and 14
	39	+	Health Advisory Board, to adopt regulations that protect employees of public bodies 15
	40	+	from workplace violence; and generally relating to the Maryland Occupational Safety 16
	41	+	and Health Act. 17
	42	+
	43	+	BY repealing and reenacting, with amendments, 18
	44	+	Article – Labor and Employment 19
	45	+	Section 2–104(b), 5–101, 5–102, 5–104, 5–202, 5–206, 5–207, 5–208, 5–211, 5–212, 20
	46	+	5–308, 5–702, 5–804, 5–811, and 5–812 21
	47	+	Annotated Code of Maryland 22
	48	+	(2016 Replacement Volume and 2024 Supplement) 23 2 SENATE BILL 26
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
62	51
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
	52	+	BY repealing 1
	53	+	Article – Labor and Employment 2
	54	+	Section 5–801 3
	55	+	Annotated Code of Maryland 4
	56	+	(2016 Replacement Volume and 2024 Supplement) 5
68	57
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
	58	+	BY adding to 6
	59	+	Article – Labor and Employment 7
	60	+	Section 5–1301 and 5–1302 to be under the new subtitle “Subtitle 13. Standards for 8
	61	+	Preventing Workplace Violence” 9
	62	+	Annotated Code of Maryland 10
	63	+	(2016 Replacement Volume and 2024 Supplement) 11
74	64
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(b)(1), 5–205(h), 5–202, 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
	65	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
	66	+	That the Laws of Maryland read as follows: 13
81	67
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
	68	+	Article – Labor and Employment 14
87	69
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
	70	+	2–104. 15
94	71
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 SENATE BILL 26 3
	72	+	(b) (1) The Commissioner shall appoint an Assistant Commissioner for 16
	73	+	Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 17
	74	+	EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 18
	75	+
	76	+	(2) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 19
	77	+	in the management service in the State Personnel Management System and serves at the 20
	78	+	pleasure of the Commissioner. 21
	79	+
	80	+	(3) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 22
	81	+	entitled to the salary provided in the State budget. 23
	82	+
	83	+	5–101. 24
	84	+
	85	+	(a) In this title the following words have the meanings indicated. 25
	86	+
	87	+	(b) “Commissioner” means the Commissioner of Labor and Industry. 26
	88	+
	89	+	(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 27
	90	+	individual whom an employer employs, for a wage or other compensation, in the business 28
	91	+	of the employer. 29
	92	+
	93	+	(2) “Employee” includes: 30
	94	+
	95	+	(i) an individual whom a [governmental unit] PUBLIC BODY 31
	96	+	employs; 32
	97	+	SENATE BILL 26 3
99	98
100	99
101		-	(2022 Replacement Volume and 2024 Supplement) 1
	100	+	(ii) an individual who is licensed as a taxicab driver and leases or 1
	101	+	rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 2
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	+	(iii) an individual who is employed for part–time or temporary help 3
	104	+	by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 4
	105	+	employs individuals to provide part–time or temporary help to another [governmental unit] 5
	106	+	PUBLIC BODY or person; and 6
105	107
106		-	Article – Correctional Services 4
	108	+	(iv) an individual who performs work for a [governmental unit] 7
	109	+	PUBLIC BODY or person to whom the individual is provided by another [governmental 8
	110	+	unit] PUBLIC BODY or person who engages in a business that directly employs individuals 9
	111	+	to provide part–time or temporary help. 10
107	112
108		-	~~8–211. 5~~
	113	+	(d) (1) “Employer” means: 11
109	114
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 ~~ADDRESS : 8~~
	115	+	(i) except as provided in § 5–401 of this title, a person who is 12
	116	+	engaged in commerce, industry, trade, or other business in the State and employs at least 13
	117	+	one employee in that business; or 14
113	118
114		-	(1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 9
115		-	FUNCTIONING ; 10
	119	+	(ii) a public body. 15
116	120
117		-	(2) THE PROCEDURE FOR TH E CORRECTIONAL OFFIC ER TO FOLLOW IF 11
118		-	THE CAMERA FAILS TO PROPERLY OPERATE AT THE BEGINNING OF OR DURING THE 12
119		-	CORRECTIONAL OFFICER ’S SHIFT; 13
	121	+	(2) “Employer” includes: 16
120	122
121		-	(3) WHEN RECORDING IS MA NDATORY; 14
	123	+	(i) a person who operates or owns a taxicab business in Baltimore 17
	124	+	City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 18
	125	+	public; 19
122	126
123		-	(4) WHEN RECORDING IS PR OHIBITED; 15
	127	+	(ii) a governmental unit or person who engages in a business that 20
	128	+	directly employs individuals to provide part–time or temporary help to another 21
	129	+	governmental unit or person; and 22
124	130
125		-	(5) WHEN RECORDING IS DI SCRETIONARY ; 16
	131	+	(iii) a governmental unit or person who contracts directly with 23
	132	+	another governmental unit or person who engages in a business that directly employs 24
	133	+	individuals to provide part–time or temporary help to another governmental unit or person. 25
126	134
127		-	(6) WHEN RECORDING MAY R EQUIRE CONSEN T OF A SUBJECT BEING 17
128		-	RECORDED; 18
	135	+	(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 26
	136	+	OF A PUBLIC BODY GOE S TO CONDUCT WORK ON BEHALF OF THE PUBLIC BODY THAT 27
	137	+	IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 28
129	138
130		-	(7) WHEN A RECORDING MAY BE ENDED; 19
	139	+	(2) “FIELDWORK LOCATION ” INCLUDES A DRIVING R OUTE THAT AN 29
	140	+	EMPLOYEE REGULARLY T RAVELS IN THE PERFORMANCE OF D UTIES FOR THE 30
	141	+	PUBLIC BODY. 31
131	142
132		-	(8) PROVIDING NOTICE OF RECORDING; 20
133		-
134		-	(9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 21
135		-
136		-	(10) THE SECURE STORAGE O F DATA FROM A BODY –WORN CAMERA ; 22
137		-
138		-	(11) REVIEW AND USE OF RE CORDINGS; 23
139		-
140		-	(12) RETENTION OF RECORDI NGS; 24
141		-
142		-	(13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 25
	143	+	(F) “Occupational safety and health standard” means a regulation that requires: 32
143	144		4 SENATE BILL 26
144	145
145	146
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
	147	+	(1) a condition that is reasonably appropriate or necessary to make 1
	148	+	employment and places of employment safe and healthful; or 2
149	149
150		-	(15) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THE RE IS AN 4
151		-	EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 5
	150	+	(2) the adoption or use of a means, method, operation, practice, or process 3
	151	+	that is reasonably appropriate or necessary to make employment and places of employment 4
	152	+	safe and healthful. 5
152	153
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
	154	+	[(f)] (G) “Person” includes a successor. 6
156	155
157		-	(B) 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
	156	+	[(g)] (H) (1) “Place of employment” means a place in or about which an 7
	157	+	employee is allowed to work. 8
161	158
162		-	(C) (1) THIS SUBSECTION APPLI ES ONLY TO A LOCAL C ORRECTIONAL 13
163		-	FACILITY. 14
	159	+	(2) “PLACE OF EMPLOYMENT ” INCLUDES: 9
164	160
165		-	(2) A ~~LOCAL CORRECTIONAL~~ FACILITY ~~MAY NOT BE REQUIRED TO 15~~
166		-	~~ADOPT THE USE OF BOD Y–WORN CAMERAS BY CORR ECTIONAL OFFICERS . 16~~
	161	+	(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 10
	162	+	PUBLIC BODY; AND 11
167	163
168		-	(3) IF A LOCAL CORRECTION AL FACILITY ADOPTS THE USE OF 17
169		-	BODY–WORN CAMERAS , THE LOCAL CORRECTION AL FACILITY SHALL DE VELOP AND 18
170		-	MAINTAIN A WRITTEN P OLICY CONSISTENT WIT H THE REGULATIONS AD OPTED BY 19
171		-	THE COMMISSION UNDER SUBS ECTION (A) OF THIS SECTION FOR THE USE OF 20
172		-	BODY–WORN CAMERAS . 21
	164	+	(II) A FIELDWORK LOCATION . 12
173	165
174		-	~~Article – Courts and Judicial Proceedings 22~~
	166	+	[(h)] (I) “Public body” means: 13
175	167
176		-	~~10–402. 23~~
	168	+	(1) a governmental unit; 14
177	169
178		-	(c) (11) (i) 1. In this paragraph the following words have the meanings 24
179		-	indicated. 25
	170	+	(2) a public or quasi–public corporation of the State; 15
180	171
181		-	2. “Body–worn digital recording device” means a device worn 26
182		-	on the person of a law enforcement officer OR A CORRECTIONAL OFFICER that is capable 27
183		-	of recording video and intercepting oral communications. 28
	172	+	(3) a school district in the State or any unit of the district; or 16
184	173
185		-	3. “Electronic control device” has the meaning stated in § 29
186		-	4–109 of the Criminal Law Article. 30
	174	+	(4) a special district in the State or any unit of the district. 17
187	175
188		-	(ii) It is lawful under this subtitle for a law enforcement officer OR A 31
189		-	CORRECTIONAL OFFICER in the course of the officer’s regular duty to intercept an oral 32 SENATE BILL 26 5
	176	+	(J) (I) (1) “WORKPLACE VIOLENCE” MEANS AN ACT OF VIOL ENCE OR A 18
	177	+	THREAT OF VIOLENCE T HAT OCCURS AT A PLAC E OF EMPLOYMENT AND THAT IS NOT 19
	178	+	A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 20
	179	+
	180	+	(2) “WORKPLACE VIOLENCE ” INCLUDES, REGARDLESS OF WHETHE R 21
	181	+	THE EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGICALLY INJURED: 22
	182	+
	183	+	(I) USING OR THREATENING TO USE PHYSICAL FORC E AGAINST 23
	184	+	AN EMPLOYEE ; OR 24
	185	+
	186	+	(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 25
	187	+	USE OF A FIREARM OR OTHER DANGEROUS WEAP ON. 26
	188	+
	189	+	5–102. 27
	190	+
	191	+	(a) The General Assembly finds that: 28
	192	+	SENATE BILL 26 5
190	193
191	194
192		-	communication with a body–worn digital recording device or an electronic control device 1
193		-	capable of recording video and oral communications if: 2
	195	+	(1) personal injuries and illnesses that arise out of conditions of 1
	196	+	employment substantially burden employers and employees in terms of lost production, 2
	197	+	medical expenses, disability compensation payments, and lost wages; [and] 3
194	198
195		-	1. The ~~law enforcement officer OR CORRECTIONAL OFFI CER 3~~
196		-	~~is in uniform or prominently displaying~~ the ~~officer’s badge or other insignia~~; 4
	199	+	(2) the prevention of these injuries and illnesses is in the best interest and 4
	200	+	welfare of the people and the State; AND 5
197	201
198		-	2. The law enforcement officer OR CORRECTIONAL OFFI CER 5
199		-	is making reasonable efforts to conform to standards in accordance with § 3–511 of the 6
200		-	Public Safety Article OR § 8–211 OF THE CORRECTIONAL SERVICES ARTICLE for the use 7
201		-	of body–worn digital recording devices or electronic control devices capable of recording 8
202		-	video and oral communications; 9
	202	+	(3) PUBLIC BODIES SHOULD BE LEADERS IN CREATI NG AND 6
	203	+	MAINTAINING SAFE AND HEALTHY WORKPLACES . 7
203	204
204		-	3. The law enforcement officer OR CORRECTIONAL OFFI CER 10
205		-	is a party to the oral communication; 11
	205	+	(b) The purposes of this title are to ensure, to the extent practicable, that each 8
	206	+	working [man and woman] INDIVIDUAL in the State has working conditions that are safe 9
	207	+	and healthful and to preserve human resources by: 10
206	208
207		-	4. Law enforcement OR THE CORRECTIONAL OFFICER 12
208		-	notifies, as soon as is practicable, the individual that the individual is being recorded, unless 13
209		-	it is unsafe, impractical, or impossible to do so; and 14
	209	+	(1) providing that employers and employees have separate but dependent 11
	210	+	responsibilities and rights with respect to making working conditions safe and healthful; 12
210	211
211		-	5. The ~~oral interception is being made as part~~ of ~~a videotape 15~~
212		-	~~or digital recording.~~ 16
	212	+	(2) providing for the development and adoption of occupational safety and 13
	213	+	health standards, INCLUDING STANDARDS THAT ADDRESS WORKPLACE VIOLENCE ; 14
213	214
214		-	(iii) Failure to notify under subparagraph (ii)4 of this paragraph does 17
215		-	not affect the admissibility in court of the recording if the failure to notify involved an 18
216		-	individual who joined a discussion in progress for which proper notification was previously 19
217		-	given. 20
	215	+	(3) providing for training and other education of personnel so that 15
	216	+	occupational safety and health standards are administered fairly and efficiently; 16
218	217
219		-	Article – Labor and Employment 21
	218	+	(4) providing an effective compliance and enforcement program under this 17
	219	+	title; 18
220	220
221		-	~~2–104. 22~~
	221	+	(5) encouraging employers and employees to: 19
222	222
223		-	(b) (1) The Commissioner shall appoint an Assistant Commissioner for 23
224		-	Occupational Safety and Health AND AN ASSISTANT COMMISSIONER FOR PUBLIC 24
225		-	EMPLOYEES’ SAFETY AND HEALTH, subject to the approval of the Secretary. 25
	223	+	(i) reduce the number of occupational health and safety hazards at 20
	224	+	their places of employment; and 21
226	225
227		-	(2) The [Assistant Commissioner is] ASSISTANT COMMISSION ERS ARE 26
228		-	in the management service in the State Personnel Management System and serves at the 27
229		-	pleasure of the Commissioner. 28
	226	+	(ii) create or improve programs to make working conditions safe and 22
	227	+	healthful; 23
230	228
231		-	(3) ~~The [Assistant~~ ~~Commissioner is]~~ ~~ASSISTANT COMMISSION ERS ARE 29~~
232		-	~~entitled to the salary provided in the State budget. 30~~
	229	+	(6) encouraging joint efforts of labor and management to reduce diseases 24
	230	+	and injuries that arise out of employment; 25
233	231
234		-	5–101. 31
	232	+	(7) building on advances already made through the initiatives of employers 26
	233	+	and employees to make working conditions safe and healthful; 27
235	234
236		-	(a) In this title the following words have the meanings indicated. 32
	235	+	(8) developing innovative approaches, methods, and techniques to deal 28
	236	+	with occupational safety and health problems; 29
	237	+
	238	+	(9) providing for research in the field of occupational safety and health; 30
237	239		6 SENATE BILL 26
238	240
239	241
240		-	(b) “Commissioner” means the Commissioner of Labor and Industry. 1
	242	+	(10) conducting research on occupational health problems, including 1
	243	+	research to: 2
241	244
242		-	(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 2
243		-	individual whom an employer employs, for a wage or other compensation, in the business 3
244		-	of the employer. 4
	245	+	(i) identify causal connections between diseases and work in 3
	246	+	environmental conditions; and 4
245	247
246		-	(2) ~~“Employee” includes:~~ 5
	248	+	(ii) explore ways to discover latent diseases; 5
247	249
248		-	(i) ~~an individual whom a [governmental~~ ~~unit] PUBLIC BODY~~ 6
249		-	~~employs~~; 7
	250	+	(11) providing medical criteria to ensure, to the extent practicable, that 6
	251	+	work does not diminish the functional capacity, health, or life expectancy of an employee; 7
250	252
251		-	(ii) an individual who is licensed as a taxicab driver and leases or 8
252		-	rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 9
	253	+	(12) providing for reporting procedures on occupational safety and health 8
	254	+	that are appropriate to help to achieve the purposes of this title and to describe accurately 9
	255	+	the nature of occupational safety and health problems; 10
253	256
254		-	(iii) an individual who is employed for part–time or temporary help 10
255		-	by a [governmental unit] PUBLIC BODY or person who engages in a business that directly 11
256		-	employs individuals to provide part–time or temporary help to another [governmental unit] 12
257		-	PUBLIC BODY or person; and 13
	257	+	(13) providing for the dissemination of information about health and safety 11
	258	+	hazards posed by toxic and hazardous substances to which workers are exposed; 12
258	259
259		-	(iv) an individual who performs work for a [governmental unit] 14
260		-	PUBLIC BODY or person to whom the individual is provided by another [governmental 15
261		-	unit] PUBLIC BODY or person who engages in a business that directly employs individuals 16
262		-	to provide part–time or temporary help. 17
	260	+	(14) requiring employers to educate employees who work with hazardous 13
	261	+	substances about the hazards of the substances and about safe procedures; 14
263	262
264		-	(d) (1) “Employer” means: 18
	263	+	(15) requiring employers to give information to governmental units that are 15
	264	+	charged with fire protection, to protect the health and safety of firefighters and the public; 16
	265	+	[and] 17
265	266
266		-	(i) except as provided in § 5–401 of this title, a person who is 19
267		-	engaged in commerce, industry, trade, or other business in the State and employs at least 20
268		-	one employee in that business; or 21
	267	+	(16) providing information and incentives for employers and employees to 18
	268	+	make ridesharing arrangements; AND 19
269	269
270		-	(ii) a public body. 22
	270	+	(17) MAKING WORKPLACES OF PUBLIC BODIES SAFER AND MORE 20
	271	+	HEALTHFUL BY REQUIRI NG: 21
271	272
272		-	(2) “Employer” includes: 23
	273	+	(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGR AMS AND 22
	274	+	PLANS RELATED TO WORK PLACE VIOLENCE ; 23
273	275
274		-	(i) a person who operates or owns a taxicab business in Baltimore 24
275		-	City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 25
276		-	public; 26
	276	+	(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 24
	277	+	REGULARLY ; AND 25
277	278
278		-	(ii) a governmental unit PUBLIC BODY or person who engages in a 27
279		-	business that directly employs individuals to provide part–time or temporary help to 28
280		-	another governmental unit PUBLIC BODY or person; and 29
	279	+	(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 26
	280	+	THAT: 27
281	281
282		-	(iii) a governmental unit PUBLIC BODY or person who contracts 30
283		-	directly with another governmental unit PUBLIC BODY or person who engages in a 31
284		-	business that directly employs individuals to provide part–time or temporary help to 32
285		-	another governmental unit PUBLIC BODY or person. 33 SENATE BILL 26 7
	282	+	1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 28
	283	+	ARE SAFE AND HEALTHY ; AND 29
	284	+
	285	+	2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 30
	286	+	THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF THEIR 31
	287	+	CAREERS. 32 SENATE BILL 26 7
286	288
287	289
288	290
289		-	(e) (1) “FIELDWORK LOCATION ” MEANS A PLACE WHERE AN EMPLOYEE 1
290		-	OF A PUBLIC BODY GOE S TO CONDUC T WORK ON BEHALF OF THE PUBLIC BODY THAT 2
291		-	IS AWAY FROM A FACIL ITY THAT IS RENTED , LEASED, OR OWNED BY A PUBLIC BODY. 3
	291	+	5–104. 1
292	292
293		-	(2) “FIELDWORK LOCATION ” INCLUDES A DRIVING R OUTE THAT AN 4
294		-	EMPLOYEE REGULARLY T RAVELS IN THE PERFOR MANCE OF DUTIES FOR THE 5
295		-	PUBLIC BODY. 6
	293	+	(a) Each employer shall provide each employee of the employer with employment 2
	294	+	and a place of employment that are: 3
296	295
297		-	(F) ~~“Occupational safety~~ and ~~health standard”~~ ~~means a regulation that requires: 7~~
	296	+	(1) safe and healthful; and 4
298	297
299		-	(1) ~~a condition~~ that is ~~reasonably appropriate~~ or ~~necessary~~ to ~~make 8~~
300		-	~~employment and places of employment safe and healthful;~~ or 9
	298	+	(2) free from each recognized hazard that is causing or likely to cause death 5
	299	+	or serious physical harm to the employee. 6
301	300
302		-	(2) ~~the adoption or use of a means~~, ~~method, operation,~~ ~~practice, or process 10~~
303		-	that ~~is reasonably appropriate or necessary~~ to ~~make employment~~ and ~~places of employment 11~~
304		-	~~safe and healthful~~. 12
	301	+	(b) (1) Each employer shall comply with this title, each applicable regulation 7
	302	+	that the Commissioner adopts to carry out this title, and each applicable order that the 8
	303	+	Commissioner passes under this title. 9
305	304
306		-	[(f)] (G) “Person” includes a successor. 13
	305	+	(2) Each employee shall comply with this title and, when applicable to the 10
	306	+	employee’s actions and conduct in the course of employment, each regulation that the 11
	307	+	Commissioner passes under this title. 12
307	308
308		-	[(g)] (H) (1) “Place of employment” means a place in or about which an 14
309		-	employee is allowed to work. 15
	309	+	(c) (1) Each employer shall keep its employees informed of their protections 13
	310	+	and duties under this title, including each applicable occupational safety and health 14
	311	+	standard, by: 15
310	312
311		-	(2) “PLACE OF EMPLOYMENT ” INCLUDES: 16
	313	+	[(1)] (I) posting notice where notices to employees normally are posted; 16
	314	+	or 17
312	315
313		-	(I) A FACILITY THAT IS R ENTED, LEASED, OR OWNED BY A 17
314		-	PUBLIC BODY; AND 18
	316	+	[(2)] (II) using other appropriate means. 18
315	317
316		-	(II) A FIELDWORK LOCATION . 19
	318	+	(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 19
	319	+	THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND BY E–MAIL TO EACH 20
	320	+	OF ITS EMPLOYEES A C OPY OF: 21
317	321
318		-	[(h)] (I) “Public body” means: 20
	322	+	(I) THE REPORT ISSUED BY THE ASSISTANT COMMISSIONER 22
	323	+	FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F) OF THIS TITLE; 23
	324	+	AND 24
319	325
320		-	(1) a governmental unit; 21
	326	+	(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 25
	327	+	BODY IN THE IMMEDIAT ELY PRECEDING YEAR , IF ANY. 26
321	328
322		-	~~(2) a public or quasi–public corporation of the State; 22~~
	329	+	5–202. 27
323	330
324		-	(3) a school district in the State or any unit of the district; or 23
325		-
326		-	(4) a special district in the State or any unit of the district. 24
327		-
328		-	(J) (I) (1) “WORKPLACE VIOLENCE ” MEANS AN ACT OF VIOL ENCE OR A 25
329		-	THREAT OF VIOLENCE THAT OCCURS AT A PLACE OF EMPLOY MENT AND THAT IS NOT 26
330		-	A LAWFUL ACT OF SELF –DEFENSE OR DEFENSE O F ANOTHER PERSON . 27
	331	+	(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
	332	+	SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 29
	333	+	ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 30
	334	+	[health] HEALTH any duty or function of the Commissioner under this title. 31
331	335		8 SENATE BILL 26
332	336
333	337
334		-	(2) “WORKPLACE VIOLENCE ” INCLUDES, REGARDLESS OF WHETHE R 1
335		-	THE EMPLOYEE IS PHYS ICALLY OR PSYCHOLOGI CALLY INJURED : 2
	338	+	(2) THE COMMISSIONER SHALL DE LEGATE TO THE ASSISTANT 1
	339	+	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH ANY DUTY OR 2
	340	+	FUNCTION RELATED TO THE ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 3
	341	+	WITH RESPECT TO PUBLIC BOD IES. 4
336	342
337		-	(I) ~~USING OR THR EATENING TO USE PHYS ICAL FORCE AGAINST 3~~
338		-	~~AN EMPLOYEE ; OR 4~~
	343	+	(b) (1) The Commissioner may enter into a written agreement with a 5
	344	+	governmental unit to delegate any power of inspection under this title. 6
339	345
340		-	(II) AN INCIDENT INVOLVIN G THE USE OF OR THRE ATENING THE 5
341		-	USE OF A FIREARM OR OTHER DANGEROUS WEAP ON. 6
	346	+	(2) An agreement under this subsection shall: 7
342	347
343		-	5–102. 7
	348	+	(i) specify the procedure to be used in an inspection under the 8
	349	+	agreement; 9
344	350
345		-	(a) The General Assembly finds that: 8
	351	+	(ii) enable the Commissioner to monitor an inspection power under 10
	352	+	the agreement; and 11
346	353
347		-	(1) personal injuries and illnesses that arise out of conditions of 9
348		-	employment substantially burden employers and employees in terms of lost production, 10
349		-	medical expenses, disability compensation payments, and lost wages; [and] 11
	354	+	(iii) enable the Commissioner to revoke the agreement at any time. 12
350	355
351		-	(2) the prevention of these injuries and illnesses is in the best interest and 12
352		-	welfare of the people and the State; AND 13
	356	+	5–206. 13
353	357
354		-	(3) ~~PUBLIC BODIES SHOULD BE LEADERS~~ IN ~~CREATI NG AND~~ 14
355		-	~~MAINTAINING SAFE AND HEALTHY WORKPLACES~~ . 15
	358	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 14
	359	+	INDICATED. 15
356	360
357		-	(b) The purposes of this title are to ensure, to the extent practicable, that each 16
358		-	working [man and woman] INDIVIDUAL in the State has working conditions that are safe 17
359		-	and healthful and to preserve human resources by: 18
	361	+	(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 16
	362	+	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 17
360	363
361		-	(1) ~~providing that employers~~ and ~~employees have separate but dependent 19~~
362		-	~~responsibilities and rights with respect to making working conditions safe and healthful; 20~~
	364	+	(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 18
	365	+	UNIT. 19
363	366
364		-	(2) ~~providing for the development and adoption of occupational~~ safety and 21
365		-	~~health standards,~~ ~~INCLUDING STANDARDS THAT ADDRESS WORKPLA CE VIOLENCE; 22~~
	367	+	(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 20
	368	+	DIVISION OF LABOR AND INDUSTRY. 21
366	369
367		-	(3) providing for training and other education of personnel so that 23
368		-	occupational safety and health standards are administered fairly and efficiently; 24
	370	+	(C) THE ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 22
369	371
370		-	(4) providing an effective compliance and enforcement program under this 25
371		-	title; 26
	372	+	[(a)] (D) The ASSISTANT Commissioner shall, SUBJECT TO THE APPRO VAL 23
	373	+	OF THE COMMISSIONER , provide for and maintain a comprehensive and effective 24
	374	+	program on occupational safety and health for employees of public bodies THAT IS 25
	375	+	ADMINISTERED AND ENF ORCED BY THE UNIT. 26
372	376
373		-	(5) ~~encouraging employers and employees to~~: 27
	377	+	[(b)] (E) The program under this section shall: 27
374	378
375		-	(i) reduce the number of occupational health and safety hazards at 28
376		-	their places of employment; and 29
	379	+	(1) be generally consistent with this title; [and] 28
377	380
378		-	(ii) create or improve programs to make working conditions safe and 30
379		-	healthful; 31 SENATE BILL 26 9
	381	+	(2) require each public body to: 29
	382	+	SENATE BILL 26 9
	383	+
	384	+
	385	+	(i) provide conditions and places of employment that are safe and 1
	386	+	healthful; 2
	387	+
	388	+	(ii) develop, conduct, and maintain in each unit of the public body a 3
	389	+	program of self–inspection that the ASSISTANT Commissioner approves AND MONITORS ; 4
	390	+
	391	+	(iii) keep and make available to the ASSISTANT Commissioner each 5
	392	+	record that the Commissioner requires under this title and for development of information 6
	393	+	about occupational accidents, illnesses, and injuries, to allow proper evaluation and 7
	394	+	necessary corrective action; and 8
	395	+
	396	+	(iv) submit each report that the Commissioner requires; AND 9
	397	+
	398	+	(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 10
	399	+	(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRAM DEVELO PED, 11
	400	+	CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 12
	401	+
	402	+	(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 13
	403	+	WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 14
	404	+
	405	+	(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 15
	406	+	PRODUCE THE MOST COM PLAINTS AND CITATION S; 16
	407	+
	408	+	(III) INCLUDES RANDOM INSP ECTIONS THAT OCCUR W ITHOUT 17
	409	+	NOTICE TO THE PUBLIC BODY THAT OWNS OR OP ERATES THE WORKPLACE ; 18
	410	+
	411	+	(IV) ASSESSES THE FIELDWO RK LOCATIONS AND 19
	412	+	CIRCUMSTANCES OF EMP LOYEES OF PUBLIC BOD IES WHO DO NOT WORK IN A 20
	413	+	TRADITIONAL WORKPLAC E BUT INSTEAD WORK AT VA RYING ASSIGNED FIELD WORK 21
	414	+	LOCATIONS; AND 22
	415	+
	416	+	(V) OTHERWISE COMPLIES W ITH THE INSPECTION 23
	417	+	REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 24
	418	+
	419	+	[(c) The Commissioner shall monitor the program of each public body for 25
	420	+	self–inspection. 26
	421	+
	422	+	(d) The penalties under Subtitle 8 of this title do not apply to a public body.] 27
	423	+
	424	+	(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 28
	425	+	BEFORE JULY 1 EACH YEAR THE ASSISTANT COMMISSIONER SHALL PU BLISH 29
	426	+	ONLINE A WRITTEN REP ORT ON SAFETY AND HE ALTH IN PUBLIC BODIE S. 30
	427	+
	428	+	(2) THE REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 31
	429	+	INCLUDE: 32 10 SENATE BILL 26
380	430
381	431
382	432
383		-	(6) encouraging joint efforts of labor and management to reduce diseases 1
384		-	and injuries that arise out of employment; 2
	433	+	(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 1
385	434
386		-	(7) ~~building on advances already made through the initiatives~~ of ~~employers 3~~
387		-	~~and employees to make working conditions safe and healthful~~; 4
	435	+	(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 2
	436	+	THE IMMEDIATELY PREC EDING YEAR; 3
388	437
389		-	(8) ~~developing innovative approaches,~~ ~~methods,~~ and ~~techniques to deal 5~~
390		-	~~with occupational safety~~ and ~~health problems; 6~~
	438	+	(III) A SUMMARY OF TRENDIN G SAFETY AND HEALTH ISSUES 4
	439	+	RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 5
391	440
392		-	(9) ~~providing for research in the field~~ of ~~occupational safety and health; 7~~
	441	+	(IV) A LIST OF ANY: 6
393	442
394		-	(10) conducting research on occupational health problems, including 8
395		-	research to: 9
	443	+	1. HAZARDOUS WORKPLACE CIRCUMSTANCES FOUND AT 7
	444	+	THE WORKPLACES OF PU BLIC BODIES DURING THE IMMEDIATELY PRECEDIN G YEAR; 8
	445	+	AND 9
396	446
397		-	~~(i) identify causal connections between diseases and work in~~ 10
398		-	~~environmental conditions;~~ ~~and~~ 11
	447	+	2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 10
	448	+	IMMEDIATELY PRECEDIN G YEAR. 11
399	449
400		-	(ii) explore ways to discover latent diseases; 12
	450	+	(G) THIS SECTION DOES NOT LIMIT OR PRECLUDE TH E COMMISSIONER OR 12
	451	+	AN AUTHORIZED REPRES ENTATIVE OF THE COMMISSIONER FROM IN SPECTING A 13
	452	+	PUBLIC BODY IN ACCOR DANCE WITH ANY OTHER PROVISION UNDER THIS TITLE. 14
401	453
402		-	(11) providing medical criteria to ensure, to the extent practicable, that 13
403		-	work does not diminish the functional capacity, health, or life expectancy of an employee; 14
	454	+	5–207. 15
404	455
405		-	(12) providing for reporting procedures on occupational safety and health 15
406		-	that are appropriate to help to achieve the purposes of this title and to describe accurately 16
407		-	the nature of occupational safety and health problems; 17
	456	+	(A) On request of the Commissioner, the Attorney General may proceed in a State 16
	457	+	or federal court or before any other federal unit: 17
408	458
409		-	(13) providing for the dissemination of information about health and safety 18
410		-	hazards posed by toxic and hazardous substances to which workers are exposed; 19
	459	+	(1) to enforce a decision of the Commissioner under this title; 18
411	460
412		-	(14) ~~requiring employers~~ to ~~educate employees who work with hazardous 20~~
413		-	~~substances about the hazards~~ of the ~~substances and about safe procedures~~; 21
	461	+	(2) subject to § 3–302 of the State Finance and Procurement Article, to 19
	462	+	collect a civil penalty that is assessed by order of the Commissioner under this title; or 20
414	463
415		-	(15) requiring employers to give information to governmental units PUBLIC 22
416		-	BODIES that are charged with fire protection, to protect the health and safety of firefighters 23
417		-	and the public; [and] 24
	464	+	(3) to enforce any other order of the Commissioner under this title. 21
418	465
419		-	(16) ~~providing information and incentives for employers and employees to 25~~
420		-	~~make ridesharing arrangements;~~ ~~AND 26~~
	466	+	(B) IF THE REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 22
	467	+	A PUBLIC BODY, THE ATTORNEY GENERAL SHALL : 23
421	468
422		-	(17) ~~MAKING WORKPLACES~~ OF ~~PUBLIC BODIES SAFER AND MORE 27~~
423		-	~~HEALTHFUL BY REQUIRI NG:~~ 28
	469	+	(1) PROVIDE NOTICE OF TH E REQUEST TO ALL AFF ECTED EMPLOYEES 24
	470	+	OF THE PUBLIC BODY A ND ANY EMPLOYEE REPR ESENTATIVES; AND 25
424	471
425		-	(I) PUBLIC BODIES TO CRE ATE OR IMPROVE PROGR AMS AND 29
426		-	PLANS RELATED TO WOR KPLACE VIOLENCE ; 30
427		-	10 SENATE BILL 26
	472	+	(2) PROVIDE NOTICE OF TH E REQUEST TO THE GOVERNOR, THE 26
	473	+	PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF DELEGATES. 27
428	474
429		-
430		-	(II) THAT WORKPLACES OF P UBLIC BODIES BE INSP ECTED 1
431		-	REGULARLY ; AND 2
432		-
433		-	(III) THAT WORKPLACES OF P UBLIC BODIES BE MAIN TAINED SO 3
434		-	THAT: 4
435		-
436		-	1. RESIDENTS AND THOSE SERVED BY PUBLIC BOD IES 5
437		-	ARE SAFE AND HEALTHY ; AND 6
438		-
439		-	2. EMPLOYEES ARE PROVID ED PLACES OF EMPLOYM ENT 7
440		-	THAT ARE SAFE , HEALTHY, AND PRODUCTIVE OVER THE COURSE OF T HEIR 8
441		-	CAREERS. 9
442		-
443		-	5–104. 10
444		-
445		-	(a) Each employer shall provide each employee of the employer with employment 11
446		-	and a place of employment that are: 12
447		-
448		-	(1) safe and healthful; and 13
449		-
450		-	(2) free from each recognized hazard that is causing or likely to cause death 14
451		-	or serious physical harm to the employee. 15
452		-
453		-	(b) (1) Each employer shall comply with this title, each applicable regulation 16
454		-	that the Commissioner adopts to carry out this title, and each applicable order that the 17
455		-	Commissioner passes under this title. 18
456		-
457		-	(2) Each employee shall comply with this title and, when applicable to the 19
458		-	employee’s actions and conduct in the course of employment, each regulation that the 20
459		-	Commissioner passes under this title. 21
460		-
461		-	(c) (1) Each employer shall keep its employees informed of their protections 22
462		-	and duties under this title, including each applicable occupational safety and health 23
463		-	standard, by: 24
464		-
465		-	[(1)] (I) posting notice where notices to employees normally are posted; 25
466		-	or 26
467		-
468		-	[(2)] (II) using other appropriate means. 27
469		-
470		-	(2) IN ADDITION TO THE RE QUIREMENTS UNDER PAR AGRAPH (1) OF 28
471		-	THIS SUBSECTION , EACH PUBLIC BODY ANN UALLY SHALL SEND MAKE AVAILABLE BY 29
472		-	E–MAIL TO EACH OF ITS EMPLO YEES A COPY OF: 30
	475	+	5–208. 28
473	476		SENATE BILL 26 11
474	477
475	478
476		-	(I) THE ~~REPORT ISSUED BY~~ THE ~~ASSISTANT COMMISSIONER~~ 1
477		-	~~FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNDER § 5–206(F)~~ OF ~~THIS TITLE;~~ 2
478		-	~~AND~~ 3
	479	+	(a) The Commissioner or authorized representative of the Commissioner may 1
	480	+	enter a place of employment where work is performed, without delay at any reasonable 2
	481	+	time, to: 3
479	482
480		-	(II) CITATIONS ISSUED BY THE COMMISSIONER TO THE P UBLIC 4
481		-	BODY IN THE IMMEDIAT ELY PRECEDING YEAR , IF ANY. 5
	483	+	(1) inspect the place of employment; 4
482	484
483		-	5–202. 6
	485	+	(2) investigate all pertinent apparatus, conditions, devices, equipment, 5
	486	+	materials, [and] structures, AND VEHICLES at the place of employment; and 6
484	487
485		-	(a) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 7
486		-	SUBSECTION, THE Commissioner may delegate to the [assistant commissioner] 8
487		-	ASSISTANT COMMISSIONER for [occupational safety] OCCUPATIONAL SAFETY and 9
488		-	[health] HEALTH any duty or function of the Commissioner under this title. 10
	488	+	(3) question privately an agent, employee, or employer. 7
489	489
490		-	(2) THE COMMISSIONER ~~SHALL DE LEGATE~~ TO ~~THE ASSISTANT 11~~
491		-	~~COMMISSIONER FOR PUBLIC~~ EMPLOYEES~~’ SAFETY~~ AND ~~HEALTH ANY DUTY OR 12~~
492		-	~~FUNCTION RELATED~~ TO THE ~~ADMINISTRATION A ND ENFORCEMENT OF TH IS TITLE 13~~
493		-	~~WITH RESPECT TO PUBL IC BODIES~~. 14
	490	+	(b) (1) Subject to any regulation that the Commissioner adopts to carry out 8
	491	+	this title, a representative chosen by employees and a representative of the employer shall 9
	492	+	be given an opportunity to accompany the Commissioner or an authorized representative 10
	493	+	of the Commissioner during an inspection under this subtitle. 11
494	494
495		-	(b) (1) The Commissioner may enter into a written agreement with a 15
496		-	governmental unit to delegate any power of inspection under this title. 16
	495	+	(2) If there is no authorized employee representative, the Commissioner 12
	496	+	shall consult with a reasonable number of employees about safety and health in the place 13
	497	+	of employment. 14
497	498
498		-	(2) An agreement under this subsection shall: 17
	499	+	(c) (1) Before or during an inspection, an employee or authorized 15
	500	+	representative of employees in a place of employment or authorized representative of the 16
	501	+	Commissioner may give the Commissioner written notice of any violation of this title that 17
	502	+	the employee or representative has reason to believe exists at the place of employment of 18
	503	+	the employee. 19
499	504
500		-	(i) ~~specify~~ the ~~procedure to be used in an inspection under the 18~~
501		-	~~agreement; 19~~
	505	+	(2) The Commissioner shall set, by regulation, procedures for informal 20
	506	+	review of any refusal to issue a citation on the basis of notice under this subsection. 21
502	507
503		-	(ii) enable the Commissioner to monitor an inspection power under 20
504		-	the agreement; and 21
	508	+	(3) If an employee or authorized representative of employees asks for 22
	509	+	informal review under this subsection, the Commissioner shall give the employee or 23
	510	+	representative a written statement of the reasons for the final disposition. 24
505	511
506		-	(iii) enable the Commissioner to revoke the agreement at any time. 22
	512	+	(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTATIVE OF THE 25
	513	+	COMMISSIONER MAY : 26
507	514
508		-	5–202. 23
	515	+	(1) ACCOMPANY AND FOLLOW AN EMPLOYEE OF A PUB LIC BODY TO 27
	516	+	ANY FIELDWORK LOCATI ONS WHERE THE EMPLOY EE IS CONDUCTING WOR K ON 28
	517	+	BEHALF OF THE PUBLIC BODY; AND 29
509	518
510		-	(b) ~~(1)~~ The ~~Commissioner may enter into~~ a ~~written agreement with a 24~~
511		-	~~[governmental unit]~~ PUBLIC BODY to ~~delegate any power of inspection under this title~~. 25
	519	+	(2) ENTER ANY FIELDWOR K LOCATIONS THAT THE EMPLOYEE OF A 30
	520	+	PUBLIC BODY HAS CAUS E TO ENTER WHILE ACC OMPANYING THE EMPLOY EE. 31
512	521
513		-	5–205. 26
514		-
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
518		-
519		-	5–206. 30
	522	+	5–211. 32
520	523		12 SENATE BILL 26
521	524
522	525
523		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
524		-	INDICATED. 2
	526	+	(a) Whenever an individual who is authorized to inspect property in the State is 1
	527	+	denied access after the individual makes a proper request to the owner, lessee, or other 2
	528	+	person in charge of the property, the individual may apply to the District Court for an 3
	529	+	administrative search warrant under this section. 4
525	530
526		-	(2) “ASSISTANT COMMISSIONER ” MEANS THE ASSISTANT 3
527		-	COMMISSIONER FOR PUBLIC EMPLOYEES’ SAFETY AND HEALTH. 4
	531	+	(b) Each application under this section shall: 5
528	532
529		-	(3), “UNIT” MEANS THE PUBLIC EMPLOYEES’ SAFETY AND HEALTH 5
530		-	UNIT. 6
	533	+	(1) state the nature, purpose, and scope of the inspection; and 6
531	534
532		-	(B) THERE IS A PUBLIC EMPLOYEES’ SAFETY AND HEALTH UNIT IN THE 7
533		-	DIVISION OF LABOR AND INDUSTRY. 8
	535	+	(2) show that: 7
534	536
535		-	(C) THE ~~ASSISTANT COMMISSIONER SHALL BE THE HEAD OF THE UNIT. 9~~
	537	+	(i) the applicant: 8
536	538
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
	539	+	1. is authorized by law to inspect the property to which 9
	540	+	access was denied; and 10
541	541
542		-	~~[(b)] (E) The program under this section shall:~~ 14
	542	+	2. requested access at a reasonable time; 11
543	543
544		-	(1) ~~be generally consistent with this title~~; [and~~] 15~~
	544	+	(ii) access was denied; and 12
545	545
546		-	(2) ~~require each public body~~ to~~: 16~~
	546	+	(iii) the inspection is for a purpose related to safety or health. 13
547	547
548		-	(i) ~~provide conditions and places of employment that are safe and 17~~
549		-	~~healthful; 18~~
	548	+	(c) (1) An application may not be submitted to the District Court unless 14
	549	+	approved by the Attorney General. 15
550	550
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
	551	+	(2) IF THE ASSISTANT COMMISSIONER OF PUBLIC EMPLOYEES’ 16
	552	+	SAFETY AND HEALTH OR AN AUTHORIZED REP RESENTATIVE OF THE ASSISTANT 17
	553	+	COMMISSIONER APPLIES FOR AN ADMINISTRATIV E SEARCH WARRANT UND ER 18
	554	+	SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 19
	555	+	AND EXPEDITE REVIEW OF THE APPLICATION . 20
553	556
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
	557	+	(d) On application in accordance with this section, the District Court may issue 21
	558	+	an administrative search warrant. 22
558	559
559		-	~~(iv) submit each report that the Commissioner requires; AND 25~~
	560	+	5–212. 23
560	561
561		-	(3) IN ADDITION TO A SEL F–INSPECTION REQUIRED UNDER ITEM 26
562		-	(2)(II) OF THIS SUBSECTION , INCLUDE AN INSPECTIO N PROGRA M DEVELOPED , 27
563		-	CONDUCTED , AND MAINTAINED BY TH E UNIT THAT: 28
564		-
565		-	(I) REQUIRES THE UNIT TO ROUTINELY INS PECT THE 29
566		-	WORKPLACES OF PUBLIC BODIES, INCLUDING FIELDWORK LOCATIONS; 30
	562	+	(a) (1) Except as provided in paragraph (2) of this subsection, if after an 24
	563	+	inspection or investigation, the Commissioner or authorized representative of the 25
	564	+	Commissioner is of the opinion that an employer has violated a duty under this title or an 26
	565	+	order passed under this title or an occupational safety and health standard or other 27
	566	+	regulation adopted to carry out this title, the Commissioner or authorized representative 28
	567	+	shall issue a citation to the employer with reasonable promptness, not to exceed the earlier 29
	568	+	of 90 days from the date of the closing conference on the inspection or investigation or 6 30
	569	+	months from the occurrence of the violation. 31
567	570		SENATE BILL 26 13
568	571
569	572
570		-	(II) PRIORITIZES WORKPLAC ES AND OCCUPATIONS T HAT 1
571		-	PRODUCE THE MOST COM PLAINTS AND CITATIONS; 2
	573	+	(2) If the incident investigated by the Commissioner involves a fatality or 1
	574	+	serious physical harm, the Commissioner shall issue a citation with reasonable 2
	575	+	promptness, not to exceed 6 months from occurrence of the violation. 3
572	576
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
	577	+	(3) If an employer to whom a citation is issued is a unit of the State 4
	578	+	government, the Commissioner or authorized representative shall send a copy of the 5
	579	+	citation to the secretary of the principal department to which the unit is assigned or, if the 6
	580	+	unit is not part of a principal department, the head of the unit. 7
575	581
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 W ORKPLACE BUT INSTEAD WORK AT VARYING ASSI GNED FIELDWORK 7
579		-	LOCATIONS; AND 8
	582	+	(4) IF AN EMPLOYER TO WHO M A CITATION IS ISSU ED IS A PUBLIC 8
	583	+	BODY OTHER THAN A UN IT OF THE STATE GOVERNMENT , THE COMMISSIONER OR 9
	584	+	AUTHORIZED REPRESENT ATIVE SHALL SEND A C OPY OF THE CITATION TO THE 10
	585	+	CHIEF EXECUTIVE OFFI CER OF THE PUBLIC BODY AND ANY LEGISLA TIVE BODY THAT 11
	586	+	HAS OVERSIGHT OF THE PUBLIC BODY. 12
580	587
581		-	(V) OTHERWISE COMPLIES W ITH THE INSPECTION 9
582		-	REQUIREMENTS OF § 5–208 OF THIS SUBTITLE . 10
	588	+	(b) Each citation under this section shall: 13
583	589
584		-	[(c) The Commissioner shall monitor the program of each public body for 11
585		-	self–inspection. 12
	590	+	(1) be in writing; 14
586	591
587		-	(d) The ~~penalties under Subtitle 8~~ of ~~this title do not apply to a public body.] 13~~
	592	+	(2) describe, with particularity, the nature of the alleged violation; 15
588	593
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 BODIES. 16
	594	+	(3) reference the provision of this title, order, or occupational safety and 16
	595	+	health standard or other regulation that the employer is alleged to have violated; and 17
592	596
593		-	(2) THE ~~REPORT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL 17~~
594		-	~~INCLUDE: 18~~
	597	+	(4) set a reasonable period for abatement and correction of the alleged 18
	598	+	violation. 19
595	599
596		-	(I) A SUMMARY OF THE WOR K AND FINDINGS OF TH E UNIT; 19
	600	+	(c) (1) In accordance with any regulation that the Commissioner adopts to 20
	601	+	carry out this title, an employer who is issued a citation shall post the citation or a copy of 21
	602	+	it conspicuously at or near each place where the citation alleges a violation occurred. 22
597	603
598		-	(II) A SUMMARY OF ANY NEW REGULATIONS ADOPTED DURING 20
599		-	THE IMMEDIATELY PREC EDING YEAR; 21
	604	+	(2) IN ADDITION TO THE PO STING REQUIREMENT UN DER PARAGRAPH 23
	605	+	(1) OF THIS SUBSECTION , A PUBLIC BODY THAT I S ISSUED A CITATION SHALL SEND 24
	606	+	BY E–MAIL A COPY OF THE CITATI ON TO ALL AFFECTED E MPLOYEES. 25
600	607
601		-	(III) A SUMMARY OF TRENDING SAFETY AND HEALTH ISSUES 22
602		-	RELATED TO EMPLOYEES OF PUBLIC BODIES ; AND 23
	608	+	(d) The Commissioner may establish, by regulation, procedures for issuance of a 26
	609	+	notice instead of a citation for a de minimis violation that has no direct or immediate 27
	610	+	relationship to safety or health. 28
603	611
604		-	(IV) A LIST OF ANY: 24
605		-
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		-
610		-	2. CITATIONS ISSUED TO PUBLIC BODIES DURING THE 28
611		-	IMMEDIATELY PRECEDIN G YEAR. 29
	612	+	(E) (1) IF A PUBLIC BODY , AFTER RECEIVING NOTI CE FROM THE 29
	613	+	COMMISSIONER , DOES NOT COMPLY WITH THE REQUIREMENTS UND ER SUBSECTION 30
	614	+	(C) OF THIS SECTION , THE PUBLIC BODY IS S UBJECT TO A CIVIL PE NALTY OF $500 31
	615	+	PER DAY FOR EACH DAY DURING A 30–DAY PERIOD THAT THE PUBLIC BODY IS NOT 32
	616	+	IN COMPLIANCE . 33
612	617		14 SENATE BILL 26
613	618
614	619
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
	620	+	(2) A CIVIL PENALTY ASSESS ED UNDER PARAGRAPH (1) OF THIS 1
	621	+	SUBSECTION SHALL INC REASE TO $1,000 FOR EACH DAY , BEGINNING ON THE 31ST 2
	622	+	DAY, THAT THE PUBLIC BODY IS NOT IN COMPLIANCE . 3
619	623
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
	624	+	5–308. 4
623	625
624		-	5–207. 8
	626	+	(A) [The] SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE Board shall 5
	627	+	advise, consult with, propose, and recommend to the Commissioner reasonable regulations: 6
625	628
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
	629	+	(1) to prevent conditions that are detrimental to safety and health in each 7
	630	+	employment or place of employment in the State; and 8
628	631
629		-	(1) to enforce a decision of the Commissioner under this title; 11
	632	+	(2) that the Board finds are necessary to protect and to improve the safety 9
	633	+	and health of employees on the basis of circumstantial evidence and information that: 10
630	634
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
	635	+	(i) is developed by the Commissioner; 11
633	636
634		-	(3) to ~~enforce any other order of~~ the Commissioner ~~under this title. 14~~
	637	+	(ii) is available to the Commissioner; or 12
635	638
636		-	(B) IF THE ~~REQUEST UNDER SUBSECTION (A) OF THIS SECTION CONC ERNS 15~~
637		-	~~A PUBLIC BODY,~~ ~~THE ATTORNEY GENERAL SHALL : 16~~
	639	+	(iii) is submitted by an interested person to the Board at a public 13
	640	+	hearing held under § 5–310(d) of this subtitle. 14
638	641
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~~
	642	+	(B) TO CARRY OUT THE REQU IREMENTS OF SUBSECTI ON (A) OF THIS 15
	643	+	SECTION WITH RESPECT TO PUBLIC BODIES , THE BOARD SHALL: 16
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	+	(1) GIVE SPECIFIC CONSID ERATION TO THE WORKP LACE CONDITIONS 17
	646	+	AND SAFETY AND HEALT H CONCERNS OF EMPLOY EES; AND 18
644	647
645		-	~~5–208~~. 21
	648	+	(2) RECOMMEND HIGHER S TANDARDS, IF WARRANTED . 19
646	649
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
	650	+	5–702. 20
650	651
651		-	(1) inspect the place of employment; 25
	652	+	(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 21
	653	+	Commissioner may require, by regulation, that an employer keep: 22
652	654
653		-	(2) investigate all pertinent apparatus, conditions, devices, equipment, 26
654		-	materials, [and] structures, AND VEHICLES at the place of employment; and 27
	655	+	[(1)] (I) an accurate record of: 23
655	656
656		-	(3) ~~question privately an agent, employee, or employer~~. 28
	657	+	[(i)] 1. each work–related death; 24
657	658
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 SENATE BILL 26 15
	659	+	[(ii)] 2. each work–related illness; and 25
	660	+
	661	+	[(iii)] 3. each work–related injury other than a minor injury that 26
	662	+	requires only first aid treatment and does not involve loss of consciousness, medical 27
	663	+	treatment, restriction of motion or work, or transfer to another job; and 28
	664	+	SENATE BILL 26 15
660	665
661	666
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
	667	+	[(2)] (II) each other record about an activity of the employer under this 1
	668	+	title that the Commissioner considers appropriate or necessary to develop information 2
	669	+	about the causes and prevention of occupational accidents, illnesses, and injuries. 3
664	670
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
	671	+	(2) (I) THE COMMISSIONER SHALL RE QUIRE BY REGULATION 4
	672	+	THAT EACH PUBLIC BOD Y KEEP AN ACCURATE R ECORD OF THE INFORMA TION 5
	673	+	DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION . 6
668	674
669		-	(c) (1) Before or during an inspection, an employee or authorized 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
	675	+	(II) EACH PUBLIC BODY SHAL L SUBMIT TO THE COMMISSIONER 7
	676	+	A QUARTERLY REPORT O F THE RECORDS REQUIRED UNDER SUBPA RAGRAPH (I) OF 8
	677	+	THIS PARAGRAPH IN TH E FORM AND MANNER TH E COMMISSIONER REQUIRES . 9
674	678
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
	679	+	(b) Each employer shall make available to the Commissioner each record that the 10
	680	+	employer is required to keep under subsection [(a)(2)] (A)(1)(II) of this section. 11
677	681
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
	682	+	(c) An employer shall report orally to the Commissioner an employment accident 12
	683	+	within 8 hours after it occurs if the accident results in: 13
681	684
682		-	(D) THE COMMISSIONER OR AUTHO RIZED REPRESENTA TIVE OF THE 16
683		-	COMMISSIONER MAY : 17
	685	+	(1) the death of an employee; or 14
684	686
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
	687	+	(2) hospitalization of at least three employees. 15
688	688
689		-	(2) ENTER ANY FIELDWORK LOCATIONS THAT THE E MPLOYEE OF A 21
690		-	PUBLIC BOD Y HAS CAUSE TO ENTER WHILE ACCOMPANYING T HE EMPLOYEE . 22
	689	+	[5–801. 16
691	690
692		-	~~5–211~~. 23
	691	+	The penalties in this subtitle do not apply to a public body.] 17
693	692
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
	693	+	5–804. 18
698	694
699		-	(b) Each application under this section shall: 28
	695	+	(a) A person may not knowingly make a false certification, false representation, 19
	696	+	or false statement in an application, plan, record, report, or other document that is filed or 20
	697	+	required to be kept under this title. 21
700	698
701		-	(1) state the nature, purpose, and scope of the inspection; and 29
	699	+	(b) A person who violates any provision of subsection (a) of this section is guilty 22
	700	+	of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or 23
	701	+	imprisonment not exceeding 6 months or both. 24
702	702
703		-	(2) show that: 30
704		-
705		-	(i) the applicant: 31
	703	+	(C) (1) A PERSON WHO HOLDS POLITICAL OFFICE IN THE STATE, 25
	704	+	WHETHER ELECTED OR A PPOINTED, OR ANY OTHER POSITIO N OF PROFIT OR TRUST 26
	705	+	IN THE GOVERNMENT OF OR IN THE ADMINISTRA TION OF THE BUSINESS OF THE 27
	706	+	STATE OR ANY COUNTY , MUNICIPALITY, OR OTHER POLITICAL S UBDIVISION THAT 28
	707	+	VIOLATES ANY PROVISION OF SUBSECTION (A) OF THIS SECTION IS G UILTY OF A 29
	708	+	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING $20,000 30
	709	+	OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 31
706	710		16 SENATE BILL 26
707	711
708	712
709		-	1. is authorized by law to inspect the property to which 1
710		-	access was denied; and 2
	713	+	(2) A SENTENCE IMPOSED UND ER THIS SUBSECTION S HALL BE 1
	714	+	SEPARATE FROM AND CONSECUTIVE TO A SENTENCE IMPOSE D FOR ANY CRIME 2
	715	+	BASED ON THE ACT EST ABLISHING THE VIOLAT ION OF THIS SUBSECTI ON. 3
711	716
712		-	2. ~~requested access at a reasonable time; 3~~
	717	+	5–811. 4
713	718
714		-	(ii) access was denied; and 4
	719	+	(a) (1) If a civil penalty that is assessed under this title is not paid in full 5
	720	+	within 30 days after the penalty becomes final, the Commissioner or the Central Collection 6
	721	+	Unit may proceed in the District Court to enforce payment. 7
715	722
716		-	(iii) the inspection is for a purpose related to safety or health. 5
	723	+	(2) IF A CIVIL PENALTY TH AT IS ASSESSED AGAIN ST A PUBLIC BODY 8
	724	+	UNDER THIS TITLE IS NOT PAID IN FULL: 9
717	725
718		-	(c) (1) An application may not be submitted to the District Court unless 6
719		-	approved by the Attorney General. 7
	726	+	(I) WITHIN 30 DAYS AFTER THE PENAL TY BECOME S FINAL, THE 10
	727	+	COMMISSIONER SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, 11
	728	+	AND THE SPEAKER OF THE HOUSE OF DELEGATES OF THE UNDE RLYING VIOLATION , 12
	729	+	THE PENALTY ASSESSED , AND THE PUBLIC BODY ’S FAILURE TO PAY THE PENALTY; 13
	730	+	AND 14
720	731
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 ADMINISTRATIVE SE ARCH WARRANT UNDER 10
724		-	SUBSECTION (A) OF THIS SECTION , THE ATTORNEY GENERAL SHALL PRIORIT IZE 11
725		-	AND EXPEDITE REVIEW OF THE APPLICATION . 12
	732	+	(II) WITHIN 75 DAYS AFTER THE PENALTY BECOM ES FINAL, THE 15
	733	+	COMMISSIONER MAY INCR EASE THE PENALTY BY UP TO FIVE TIMES THE INITIAL 16
	734	+	PENALTY AMOUNT . 17
726	735
727		-	(d) On application in accordance with this section, the District Court may issue 13
728		-	an administrative search warrant. 14
	736	+	(b) In a proceeding under this subsection, the Commissioner or the Central 18
	737	+	Collection Unit is entitled to judgment in the amount of the civil penalty that remains 19
	738	+	unpaid on a showing that: 20
729	739
730		-	~~5–212. 15~~
	740	+	(1) the penalty was assessed against the defendant; 21
731	741
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
	742	+	(2) the penalty has become final; 22
740	743
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
	744	+	(3) no appeal is pending; 23
744	745
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
	746	+	(4) the penalty is wholly or partly unpaid; and 24
749	747
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 SENATE BILL 26 17
	748	+	(5) the defendant: 25
	749	+
	750	+	(i) was duly served with a copy of the citation in accordance with 26
	751	+	the applicable regulations of the Commissioner; or 27
	752	+
	753	+	(ii) contested the citation for which the penalty was assessed. 28
	754	+
	755	+	5–812. 29
	756	+
	757	+	(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 30
	758	+	EACH civil penalty under this title shall be paid into the General Fund of the State. 31 SENATE BILL 26 17
755	759
756	760
757	761
758		-	(b) Each citation under this section shall: 1
	762	+	(B) THE REVENUES FROM THE CIVIL PENALTIES ASSE SSED AGAINST A 1
	763	+	PUBLIC BODY UNDER TH IS TITLE SHALL BE DI STRIBUTED TO A SPECI AL FUND TO BE 2
	764	+	USED ONLY FOR THE MARYLAND APPRENTICESHIP AND TRAINING PROGRAM. 3
759	765
760		-	~~(1) be in writing;~~ 2
	766	+	SUBTITLE 13. STANDARDS FOR PREVENTING WORKPLACE VIOLENCE. 4
761	767
762		-	~~(2) describe, with particularity, the nature of the alleged violation; 3~~
	768	+	5–1301. 5
763	769
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~~
	770	+	IN THIS SUBTITLE, “BOARD” HAS THE MEANING STAT ED IN § 5–301 OF THIS 6
	771	+	TITLE. 7
766	772
767		-	(4) set a reasonable period for abatement and correction of the alleged 6
768		-	violation. 7
	773	+	5–1302. 8
769	774
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
	775	+	(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 9
	776	+	SAFETY AND HEALTH ST ANDARDS ESTABLISHED UNDER THIS TITLE STA NDARDS 10
	777	+	FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIO LENCE. 11
773	778
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		-	MAKE AVAILABLE BY E–MAIL A COPY OF THE CITATI ON TO ALL AFFECTED 13
777		-	EMPLOYEES. 14
	779	+	(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , ON OR BEFORE 12
	780	+	OCTOBER 1, 2026, THE COMMISSIONER , IN CONSULTATION WITH THE BOARD, 13
	781	+	SHALL ADOPT REGULATI ONS TO CARRY OUT THI S SECTION. 14
778	782
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
	783	+	(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (B) OF THIS 15
	784	+	SECTION, THE COMMISSIONER SHALL : 16
782	785
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
	786	+	(1) REVIEW AND CONSIDER THE RECOMMENDATIONS ON 17
	787	+	PREVENTING WORKPLACE VIOLENCE CREATED BY THE FEDERAL OCCUPATIONAL 18
	788	+	SAFETY AND HEALTH ADMINISTRATION AND TH E NATIONAL INSTITUTE FOR 19
	789	+	OCCUPATIONAL SAFETY AND HEALTH; 20
788	790
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~~
	791	+	(2) HOLD AT LEAST FOUR M EETINGS SOLICITING I NPUT FROM 21
	792	+	CERTIFIED EXCLUSIVE REPRESENTATIVES OF E MPLOYEES OF PUBLIC B ODIES ON 22
	793	+	THE BEST WAYS TO PRE VENT WORKPLACE VIOLE NCE; AND 23
792	794
793		-	5–308. 26
	795	+	(3) HOLD MEETINGS IN AT LEAST FOUR GEOGRAPHI CALLY DIVERSE 24
	796	+	LOCATIONS IN THE STATE TO RECEIVE INPU T FROM INTERESTED PA RTIES ON THE 25
	797	+	BEST WAYS TO PREVENT WORKPLACE VIOLENCE . 26
794	798
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
797		-
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
800		-
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 SENATE BILL 26
803		-
804		-
805		-
806		-	(i) is developed by the Commissioner; 1
807		-
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 SHALL: 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 SUBSEC TION, 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 RECORD OF T HE 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 REQUIRES . 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 SENATE BILL 26 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 POSITION OF PROFI T OR TRUST 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 A ND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $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 ESTABLISHING THE VIO LATION OF THIS SUBSE CTION. 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 SENATE BILL 26
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 TIMES 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 APPRENTICE SHIP 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		-	SENATE BILL 26 21
944		-
945		-
946		-	(A) THE COMMISSIONER SHALL IN CLUDE AS PART OF THE OCCUPATIONAL 1
947		-	SAFETY AND HEALTH STANDARDS EST ABLISHED UNDER THIS TITLE STANDARDS 2
948		-	FOR PROTECTING EMPLO YEES OF PUBLIC BODIE S FROM WORKPLACE VIO LENCE. 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 REGULATIONS TO CARRY OUT THIS SE CTION. 6
953		-
954		-	(C) BEFORE ADOPTING REGUL ATIONS UNDER SUBSECT ION (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 WORKP LACE VIOLENCE ; 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
	799	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	800	+	October 1, 2025. 28
985	801