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. 51, No. 19, September 20, 2024
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.
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