Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.91 - Railroad Safety and Health
Section 09.12.91.07 - Posting of Citations
Universal Citation: MD Code Reg 09.12.91.07
Current through Register Vol. 50, No. 25, December 15, 2023
A. Place of Posting.
(1) Except as otherwise
provided by this regulation, upon receipt of a citation issued under the
Railroad Safety and Health Act, Labor and Employment Article, Title 5.5,
Annotated Code of Maryland, a railroad company shall immediately post the
citation, or a copy of it, at or near each place a violation alleged in the
citation occurred.
(2) If a
citation posted at or near a place of alleged violation would not be readily
visible to affected employees, the railroad company shall post the citation in
a place or places where it will be readily visible to affected
employees.
B. The railroad company shall:
(1) Post the citation
or copy unedited; and
(2) Ensure
that, while posted, the citation or copy is not altered, defaced, or covered by
other material.
C. Duration of Posting.
(1) If the railroad
company does not file a notice of intention to contest a citation, the citation
shall remain posted for the longer of:
(a)
The period until the violation has been abated; or
(b) Three working days.
(2) If the railroad company files a notice of
intention to contest a citation, the citation shall remain posted until the
Commissioner of Labor and Industry issues a final order:
(a) Vacating the citation; or
(b) Affirming the citation, and the violation
has been abated.
D. Contested Citation.
(1) A railroad company that has filed a
notice of intention to contest a citation may post a copy of the notice at each
location where the citation is posted.
(2) The notice in §D(1) may:
(a) Explain the reasons for the contest;
and
(b) Specify the steps that have
been taken to abate the violation.
Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 849)
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