Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.24 - MOSH Consultation Education and Training Program
09.12.24.04 - Incorporation by Reference

Universal Citation: MD Code Reg 09.12.24.04

09.12.24.04. Incorporation by Reference

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) The following sections of Consultation Agreements, 29 CFR 1908 (October 26, 2000):

(a)29 CFR § 1908.2;

(b)29 CFR § 1908.4;

(c)29 CFR § 1908.5, except in (b)(2), the last sentence, change the word "insight" to "initial";

(d)29 CFR § 1908.6; and

(e)29 CFR § 1908.7, except:

(i) In paragraph (a)(1), substitute the following for the existing text, "Consultative activity shall be conducted independently of any MOSH enforcement activity";

(ii) In paragraph (b)(2), after (iv), insert: "Accident investigations"; and "(v)".

(iii) In paragraph (b)(4), after the word "employers" insert "at fixed worksites";

(iv) In paragraph (b)(4)(i)(B), substitute the words "Commissioner of Labor and Industry" for "Regional Office"; and

(v) In paragraph (b)(4)(ii), add the following criteria:

"(D) Accident;

(E) Referral from a MOSH safety compliance officer to a MOSH health compliance officer, or from a MOSH health compliance officer to a MOSH safety compliance officer; and

(F) Follow-up on a previously cited violation."

(2) The following amendments apply to the documents incorporated by reference in § B(1) of this regulation, except 29 CFR § 1908.2:

(a) Wherever the words "Assistant Secretary" appear, substitute "Commissioner of Labor and Industry", except in 29 CFR § 1908.6(g)(1);

(b) Wherever the words "RA" or "Area Director" appear, substitute "Assistant Commissioner";

(c) Wherever the words "compliance officer" or "OSHA compliance officer" appear, substitute "MOSH compliance officer";

(d) Wherever the word "employee" appears, it means an employee as defined in § 5-101(c) of the MOSH Act;

(e) Wherever the word "employer" appears, it means employer as defined in § 5-101(d) of the MOSH Act;

(f) Wherever the words "Section 5(a)(1) of the OSHA Act" appear, it means § 5-104 of the MOSH Act; and

(g) Substitute "Assistant Commissioner" for:

(i) "appropriate OSHA enforcement authority" in 29 CFR § 1908.6(f)(1); and

(ii) "OSHA enforcement authority" in 29 CFR § 1908.6(f)(4).

(3) Safety and Health Program Management Guidelines, 54 FR 3904-3916 (1989); and

(4) Safety and Health Program Assessment Worksheet (OSHA Form 33) (Revised October 2000).

(Regulations .04 adopted as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); adopted permanently effective June 24, 2002 (29:12 Md. R. 926))
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