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 09.12.20.08 - Posting of Notices and Citations
Universal Citation: MD Code Reg 09.12.20.08
Current through Register Vol. 51, No. 19, September 20, 2024
A. Posting of Citations.
(1) Upon receipt of a citation issued under
the Act, an employer shall immediately post the citation, or an unedited copy,
at or near the place the alleged violation referred to in the citation
occurred, or if, because of the nature of the employer's operations, this is
not practicable, in a prominent place readily observable to affected
employees.
(2) When employers are
engaged in activities which are physically dispersed, the citation may be
posted at the location where the employees operate to carry out their
activities.
(3) An employer shall
take steps to ensure that a citation is not:
(a) Altered;
(b) Defaced; or
(c) Covered by other material.
(4) An employer is not required to
post a notice of de minimis violations.
(5) A citation, or a copy of it, shall remain
posted for the later of:
(a) The time the
violation was abated; or
(b) 3 work
days.
(6) The filing by
an employer of a notice of intent to contest under Regulation .09 of this
chapter does not affect the employer's posting responsibility.
B. Posting Notice of Contest.
(1) In the same location where a citation is
posted, an employer may post a notice indicating that the citation is being
contested before the Commissioner.
(2) The notice may state the:
(a) Reasons for contest; and
(b) Steps that have been taken to abate the
violation.
C. Posting of Notices.
(1) Upon receipt of a
notice concerning a pending case, including a notice of hearing, an employer
shall immediately post, where citations are required to be posted, a:
(a) Copy of the notice; and
(b) Notice informing affected employees of
their right to participate in any proceeding in the notice.
(2) A notice shall remain posted
until:
(a) The proceeding stated in the notice
begins; or
(b) Earlier
disposition.
D. Posting of a Memorandum of Settlement. A memorandum of settlement shall be posted in the same manner as required by this regulation for the posting of citations and notices.
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