- On February 5, 2008, the Commissioner of Labor and Industry adopted amendments
to Regulation .07 under COMAR 09.12.20 Occupational Safety and
Health. This action, which was proposed for adoption in 34:26
Md. R. 2272-2273 (December 21, 2007), has been adopted as proposed.
This action was considered by the Maryland Occupational Safety
and Health Advisory Board at a public meeting held on July 11,
2007, notice of which was given by publication in the 34:13
Md. R. 1207 (June 22, 2007), pursuant to State Government Article,
§10-506 (c), Annotated Code of Maryland.
- MOSH Compliance and Consultation Supervisors shall ensure that all Compliance
Officers are trained on the contents of this notice.
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
- Roman type indicates existing text
- Italic type indicates new text
- [Single brackets] indicate deleted text
.07 Issuance of a Citation and Notice of De Minimis Violations.
A. In this regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Controlling employer" means the employer who is responsible,
by contract or through actual practice, for safety and health
conditions on the worksite, whether or not its own employees are
exposed, such as an employer who has the authority for ensuring
that hazardous conditions are corrected.
(2) "Correcting employer" means the employer who has the responsibility
for actually correcting the hazard, whether or not its own employees are exposed.
(3) "Creating employer" means the employer who actually created
the hazard through its action or inaction, whether or not its own employees are exposed.
(4) "Exposing employer" means the employer whose employees are exposed to the hazard or have access to the hazard.
[A.] C. - [B.] D. (text unchanged)
E. Issuance of Citations.
(1) On multiemployer worksites, more than one employer may be cited for a hazardous condition that
violates a provision of the Act or of a standard, regulation, or order promulgated under the Act.
(2) The following employers may be cited:
(a) The exposing employer;
(b) The creating employer;
(c) The controlling employer; and
(d) The correcting employer.
[C.] F. - [F.] I. (text unchanged)