Division of Labor and Industry


MOSH Instruction 98-1 - Maryland Occupational Safety and Health (MOSH)

TO: All MOSH Personnel
FROM: Keith L. Goddard, Assistant Commissioner
SUBJECT: Enforcement of COMAR 09.12.20, Regulation 21 – Abatement Verification
DATE: November 6, 1998


1.    Replace pages III-75 through III-78 (see paragraph E 4 for changes) of the FOM manual with Attachment A.  Replace pages VI-15 through VI-16 (see paragraph 2 c. for changes) of the FOM manual with Attachment B.

2.    Compliance and Consultation Supervisors shall ensure that training sessions are conducted on the contents of this instruction.

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


1.   On October 20, 1997 the Commissioner of Labor and Industry adopted a regulation to ensure that employers provide verification of abatement.

2.   On May 28, 1998 OSHA issued Compliance Directive CPL 2-0.114 outlining enforcement policies and procedures for 29 CFR 1903.19 – Abatement Verification Regulation.


1.   Abatement verification includes abatement certificates, abatement documents, abatement plans, and progress reports.

2.      Movable equipment means a hand-held or non-hand-held machine or device, powered or unpowered, that is used to do work and is moved within or between worksites.  Hand-held equipment is equipment that is hand-held when operated.  Basically, hand-held equipment is equipment that can be picked up and operated with one or two hands, such as a hand grinder, skill saw, portable electric drill, nail gun, etc.

3.   Worksite is, for the purpose of enforcing this regulation, the physical location specified under the heading “Description” in the citation; if no location is specified, the worksite shall be the inspection site where the violation occurred.

(signed) Keith L. Goddard, Assistant Commissioner

cc:  Commissioner John P. O'Connor
       Deputy Commissioner Ileana O'Brien
       Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
       Office of Adm. Law Judge

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