Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.20 - Occupational Safety and Health
Section 09.12.20.04 - Complaints by Employees
Universal Citation: MD Code Reg 09.12.20.04
Current through Register Vol. 50, No. 25, December 15, 2023
A. Complaint Inspection.
(1) If upon receipt of
a complaint, the Commissioner or the Commissioner's authorized representative
determines that the complaint meets the requirements in §
5-209(a)
of the Act and that there are reasonable grounds to believe that a threat or
danger exists, the Commissioner or the Commissioner's authorized representative
shall cause an inspection to be made as soon as practicable, to determine if
the threat or danger exists.
(2)
Inspections under this section are not limited to matters referred to in the
complaint.
B. Before or during an inspection of a workplace, an employee or representative chosen by employees employed in the workplace may notify in writing the Commissioner or the Commissioner's authorized representative, in accordance with § 5-209(b) of the Act, of any violation of the Act which the employee or representative of employees has reason to believe exists in the workplace.
C. Inspection Not Warranted.
(1) If the Commissioner or the Commissioner's
authorized representative determines that an inspection is not warranted
because there are no reasonable grounds to believe that a violation, threat, or
danger exists with respect to a complaint under §
5-209
of the Act, the Commissioner or the Commissioner's authorized representative
shall notify the complaining party in writing of the determination.
(2) The complaining party may obtain review
of a determination by submitting a written statement of position to the
Commissioner or the Commissioner's authorized representative, and, at the same
time, providing the employer with a copy of the statement by certified
mail.
(3) The employer may submit
an opposing written statement of position to the Commissioner or the
Commissioner's authorized representative, and, at the same time, shall provide
the complaining party with a copy of the statement by certified mail.
(4) Upon request of the complaining party or
the employer, the Commissioner, at the Commissioner's discretion, may convene
an informal conference and permit the complaining party and the employer to
present their positions orally.
(5)
After considering all the positions, both written and oral, the Commissioner
shall:
(a) Affirm, modify, or reverse the
determination; and
(b) Furnish the
complaining party and the employer with written notification of the decision
and the reason for the decision.
D. Failure to Meet Requirements of the Act.
(1) If the Commissioner or the Commissioner's
authorized representative determines that an inspection is not warranted
because a complaint does not meet the requirements of §
5-209(b)
of the Act, the Commissioner or the Commissioner's authorized representative
shall notify the complaining party in writing of this determination.
(2) The determination shall be without
prejudice to the filing of a new complaint meeting the requirements of the
Act.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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