DLLR's Division of Labor and Industry

 

MOSH Standards Notice 12-3 - Maryland Occupational Safety and Health (MOSH)

   
Subject: COMAR 09.12.20 Occupational Safety and Health
 
Effective Date: April 16, 2012
 
Issuance Date: May 21, 2012
 
Reference: None
 
Purpose: The purpose of this action is to clarify that a hearing examiner may not grant a dispositive motion without the concurrence of parties. This amendment will ensure that both parties are afforded the opportunity to present their entire case should they want to, and that there will be a complete record should the case be reviewed. In addition, this regulation provides that post hearing briefs will be permitted when the hearing examiner determines that there is a need for guidance on an unresolved question of law. This will allow for briefs only when a hearing examiner deems it necessary and assist with the timely issuance of decisions.
 
Scope: This standard is MOSH-wide
 
Contact: Chief of MOSH Compliance Services
See MOSH Website for Current Information
 
By and Under the Authority of: Eric M. Uttenreither, Assistant Commissioner
 

Background

On March 19, 2012, the Commissioner of Labor and Industry adopted amendments to Regulation .15 under COMAR 09.12.20 Occupational Safety and Health. This action was proposed for adoption in 39:2 Md. R. 149 - 150 (January 27, 2012), has been adopted as proposed.

Action

MOSH Compliance and Consultation Supervisors shall ensure that all Compliance Officers are aware of the contents in this notice.

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings