DLLR's Division of Labor and Industry

 

MOSH Instruction 08-01 - Maryland Occupational Safety and Health (MOSH)

 
To: All MOSH Personnel
 
From: Roger Campbell, Assistant Commissioner
 
Subject: Multiemployer Citation Policy
 
Reference: MOSH Standards Notice 08-1
 
Effective Date: February 25, 2008
 
Cancellation: MOSH Instruction 01-1 Multiemployer Citation Policy
 
Issuance Date: March 26, 2008
 

A. Purpose: To establish a uniform multiemployer citation policy.

B. Background: On July 11, 2007, the Maryland Occupational Safety and Health Advisory Board recommended to the Commissioner of Labor and Industry that the proposed amendments to Regulation .07 under COMAR 09.12.20 Occupational Safety and Health be adopted. The MOSH Board also passed a motion recommending to the Commissioner that "additional training be provided to MOSH inspectors in the area of multiemployer worksites, as well as the inclusion of a policy in the MOSH Field Operations Manual that addresses multiemployer worksites and the factors that must be taken into account when considering the issuance of citations to general contractors who have complied with their responsibilities as the general contractor for the workplace which subcontractors will work".

C. Action: 1. Compliance and Consultation supervisors shall ensure that training sessions are conducted on the contents of this instruction.

2. The Assistant Commissioner or authorized representative shall ensure compliance with the attached guidelines for enforcement.

Roger Campbell, Assistant Commissioner, MOSH

 

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings

 

Guidelines for the Issuance of Citations on Multiemployer Worksites.

Pursuant to COMAR 09.12.20.07(E)(1) and (E)(2), on multiemployer worksites MOSH may cite the exposing employer; the creating employer; the controlling employer; and the correcting employer for a hazardous condition that violates a provision of the Act or standard, regulation, or order promulgated under the Act.

The following guidelines shall be used by compliance officers when recommending that an employer on a multiemployer worksite who does not have employees exposed to the hazardous condition be cited for the hazardous condition as a controlling, correcting or creating employer.

  • The hazardous condition is in plain view: a condition that is free from obstruction to sight or clearly evident;
  • The employer meets the definition of a controlling, correcting, or creating employer as defined in COMAR 09.12.20.07(B);
  • The hazardous condition is serious;
  • The employer's management representative on site has actual knowledge of the hazardous condition, and did not take appropriate action to abate or have the hazardous condition abated;
  • There is actual exposure to the hazardous condition;
  • The hazardous condition is not being cited using the General Duty Clause; or requires the development and/or implementation of a safety and health program to include inspections or training.
 
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