Maryland Occupational Safety and Health Act (Private Sector) Poster

M A RY L A N D
OCCUPATIONAL

safety
and
health
protection
on the
job
Employers:

Employees:

SAFETY and HEALTH
ACT
PRIVATE SECTOR
The Maryland Occupational Safety and Health
Act of 1973 provides job safety and health
protection for workers through the promotion
of safe and healthful working conditions
throughout the State. Requirements of the Act
include the following:

Proposed
Penalty:

Each employer shall furnish to each of his or
her employees employment and a place of
employment free from recognized hazards that
are causing or are likely to cause death or
serious harm to employees; and shall comply
with occupational safety and health standards
issued under the Act.

In compliance with Labor and Employment
Article, §5-810 Ch. 104, Acts of 2024:
1.
Beginning with inspections that
take place on or after July 1, 2024, the
maximum penalty is:
a. $16,131 for each violation;

Each employee shall comply with all
occupational safety and health standards, rules,
regulations and orders issued under the Act that
apply to his or her own actions and conduct on
the job.

b. $16,131 for each day an
identified violation is not
corrected within the period
allowed for correction; and

The Commissioner of Labor and Industry has
the primary responsibility for administering the
Act and issuing occupational safety and health
standards. MOSH Safety and Health Inspectors
conduct jobsite inspections to ensure
compliance with the Act.

Inspection:

c. $161,323 for each willful or
repeated violation.
2.
The new minimum civil penalty for
a willful violation is $11,162 for each
violation.
3.
Beginning on January 1, 2025, the
Commissioner of Labor will annually
increase the maximum and minimum
willful civil penalties by the calendar year
percentage increase in the Consumer
Price Index for All Urban Consumers
(CPI-U) or a successor index, effective
on July 15th of each year. The
Commissioner of Labor will maintain the
current penalty amounts on the MOSH
website.

The Act requires that a representative
authorized by the employees be given an
opportunity to accompany the MOSH Inspector
for the purpose of aiding the inspection.
Where there is no authorized employee
representative, the MOSH Inspector shall
consult with a reasonable number of employees
concerning safety and health conditions in the
workplace.

Complaint:

Employees or their representatives have the
right to file a complaint with the Commissioner
requesting an inspection if they believe unsafe
or unhealthful conditions exist in their
workplace. The Commissioner will withhold
names of employees complaining on request.

In addition to mandatory civil penalties, the Act
also provides for imposition of criminal
penalties. Any willful violation of the Act
resulting in death of an employee is punishable,
upon conviction, by a fine of not more than
$10,000 or by imprisonment for not more than
six months, or by both. Conviction for a
subsequent offense is punishable by a fine of
not more than $20,000 or by imprisonment for
not more than one year, or by both.

The Act provides that employees may not be
discharged or discriminated against in any way
for filing safety and health complaints or
otherwise exercising their rights under the Act.

Citation:
ADDITIONAL INFORMATION AND COPIES OF THE ACT,
SPECIFIC MARYLAND OCCUPATIONAL SAFETY AND
HEALTH STANDARDS, AND OTHER APPLICABLE
REGULATIONS MAY BE OBTAINED FROM

MOSH TRAINING and EDUCATION
10946 Golden West Drive, Suite 160
Hunt Valley, Maryland 20131
Phone: 410-527-2091
Complaints about State Program administration may be made to
Regional Administrator, Occupational Safety and Health
Administration, The Curtis Center, Suite 740 West, 170 S.
Independence Mall West, Philadelphia, PA 19106-3309

The Act provides for mandatory civil penalties
against employers. Civil penalties up to the
maximum penalty per day may be assessed
for failure to correct violations within the
proposed time period. Also, any employer who
willfully or repeatedly violates the Act may be
assessed civil penalties of up to 10 times the
maximum penalty amount for each such
violation.

An employee who believes he or she has been
discriminated against may file a complaint with
the Commissioner and/or the Federal
Occupational Safety and Health Administration
Regional Office within 30 days of the alleged
discrimination.
If upon an inspection the Commissioner believes
an employer has violated the Act, a citation
alleging such violations shall be issued to the
employer. Each citation shall specify a time
period within which the alleged violation must be
corrected.
The MOSH citation must be prominently
displayed at or near the place of alleged violation
for three days, or until it is corrected, whichever
is later, to warn employees of dangers that may
exist there.

Voluntary
Activity:

While providing penalties for violation, the Act
also encourages efforts by labor and
management to reduce injuries and illnesses
arising out of employment. The Commissioner
of Labor and Industry encourages employers
and employees to reduce workplace hazards
voluntarily and to develop and improve safety
and health programs in all workplaces and
industries.
Such cooperative action would initially focus on
the identification and elimination of hazards that
could cause death, injury, or illness to
employees and supervisors. There are many
public and private organizations that can
provide information and assistance in this effort,
if requested.