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DLLR's Division of Labor and Industry

 

MOSH Instruction 08-04 - Maryland Occupational Safety and Health (MOSH)

   
Subject: Enhanced Enforcement Program (EEP)
 
Effective Date: August 4, 2008
 
Issuance Date: August 4, 2008
 
Cancellation: None
 
Purpose: This instruction provides notice of and instructions for MOSH’s participation in OSHA’s revised Enhanced Enforcement Program (EEP).
Scope: MOSH-wide
 
Reference: OSHA Instruction CPL 02-00-145, Enhanced Enforcement Program (EEP), January 1, 2008.
MOSH Instruction 07-1, Site Specific Targeting FFY 2008, October 1, 2007.
MOSH Instruction 07-5, Local Emphasis Program (LEP) Maryland High Hazard Industries, October 1, 2007.
 
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
 
By and Under the Authority of: Roger Campbell, Assistant Commissioner
 

Summary

The OSHA Instruction revises OSHA’s Enhanced Enforcement Program (EEP) to focus on agriculture, construction, maritime, and general industry employers who are subject to enforcement actions that result in enhanced enforcement cases that include follow-up inspections, inspections of other sites, increased company/corporate awareness of OSHA enforcement, enhanced settlement provisions, and federal court enforcement under Section 11(b) of the OSH Act.

While MOSH is not adopting an Enhanced Enforcement Program, MOSH will respond to federal referrals of EEP worksites. When OSHA identifies an employer for national attention through the issuance of an EEP-Alert Memorandum, the procedures outlined in this instruction will be followed for inspecting worksites within MOSH jurisdiction and recording our activity.

Actions:

  1. When an EEP-Alert memorandum is received from OSHA, the Assistant Commissioner will determine if the employer who is the subject of the EEP-Alert has workplaces/worksites in any region of the state.
     
  2. When it is established that the EEP-Alert employer has a workplace/worksite in a region or regions of the state, the regional supervisor will assign the EEP- Employer’s job site for inspected in accordance with Chapter IX of the FOM for referrals.
     
  3. Any inspection conducted under an EEP-Alert memorandum is to be coded as an unprogrammed-referral. The EEP-Alert memorandum is to be considered a referral from OSHA. An OSHA-90 is to be generated whenever a site is discovered where an EEP-Alert employer is working.
     
  4. Any inspection conducted under an EEP-Alert memorandum is to be coded in Item 42, Optional Information, of the OSHA-1 form as: N 08 EEP2
     
  5. Any inspection of an EEP-Alert employer that meets one or more of the following criteria will result in a follow-up inspection; and all related establishments on the current year’s SST primary or secondary lists or high hazard list will be moved to the current inspection cycle if the establishment is in the same 3-digit NAICS code (2-digit SIC code) as the initial enforcement establishment.
  • A fatality inspection in which MOSH finds one or more willful or repeated (serious any gravity) violations related to the death, OR
     
  • A fatality inspection in which MOSH finds one or more serious (any gravity) violations related to the death, and the employer has either a history of violations similar in kind to the violation that led to the current fatality consisting of at least one serious, or willful, or repeat violation within the last three years, or the occurrence of another fatality within the last three years regardless of whether any citation was issued.
     
  • An inspection that results in the citation of three or more serious (any gravity) violations that are also classified as willful or repeat (or any combination of such willful and repeat violations totaling three or more), and the employer has a history of violations similar in kind to one or more of the violations found in the current inspection consisting of at least one serious (any gravity), or willful, or repeat violation within the last three years.
     
  • An inspection that results in one or more failure-to-abate notices where the underlying violations were classified as serious (any gravity).
  1. If an inspection of an EEP-Alert employer in the construction industry meets one on more of the criteria in 5. above and the case is resolved through a settlement, informal conference or formal settlement through the Assistant Attorney General’s Office, the agreement is to require the employer to notify MOSH of its current jobsites and whenever it begins work at a new construction site during the next 12 months.
     
  2. OSH Compliance Officer Supervisors shall ensure that training sessions are conducted on the contents of this instruction.

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

 

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

 
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