MOSH Instruction 02-3 - Maryland Occupational Safety and Health (MOSH)

Purpose:  This instruction establishes a revision to the MOSH Field Operations Manual.

Background:  Previously, a repeated violation of a MOSH Standard was defined when an employer had been cited previously for a substantially similar condition and the citation had become a final order. This definition was recently challenged during the case of the Maryland Commissioner of Labor and Industry v. Cole Roofing Co., Inc.. As a result of the final decision from the Court of Appeals, MOSH has changed the definition of what a repeat violation of a MOSH Standard is to reflect the judge’s determination.

C.  Action:

1.  Replace pages IV-31 and IV-32 (see 5. Repeated Violations) of the FOM manual with the attached.

2.   Compliance and Consultation Supervisors shall ensure that training sessions are conducted on the contents of this Instruction.

3.   The Assistant Commissioner or authorized representative shall ensure compliance with the attached guidelines for enforcement.

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Updated March 3, 2010