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MOSH Instruction 08-01 - Maryland Occupational Safety and Health (MOSH) |
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A. Purpose: To establish a uniform multiemployer citation policy. B. Background: On July 11, 2007, the Maryland Occupational Safety and Health Advisory Board recommended to the Commissioner of Labor and Industry that the proposed amendments to Regulation .07 under COMAR 09.12.20 Occupational Safety and Health be adopted. The MOSH Board also passed a motion recommending to the Commissioner that "additional training be provided to MOSH inspectors in the area of multiemployer worksites, as well as the inclusion of a policy in the MOSH Field Operations Manual that addresses multiemployer worksites and the factors that must be taken into account when considering the issuance of citations to general contractors who have complied with their responsibilities as the general contractor for the workplace which subcontractors will work". C. Action: 1. Compliance and Consultation supervisors shall ensure that training sessions are conducted on the contents of this instruction. 2. The Assistant Commissioner or authorized representative shall ensure compliance with the attached guidelines for enforcement. Roger Campbell, Assistant Commissioner, MOSH |
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cc: J. Ronald DeJuliis, Commissioner, Division of Labor and
Industry |
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Guidelines for the Issuance of Citations on Multiemployer Worksites. Pursuant to COMAR 09.12.20.07(E)(1) and (E)(2), on multiemployer worksites MOSH may cite the exposing employer; the creating employer; the controlling employer; and the correcting employer for a hazardous condition that violates a provision of the Act or standard, regulation, or order promulgated under the Act. The following guidelines shall be used by compliance officers when recommending that an employer on a multiemployer worksite who does not have employees exposed to the hazardous condition be cited for the hazardous condition as a controlling, correcting or creating employer.
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