Discrimination Complaints - Maryland Occupational Safety and Health (MOSH)

The MOSH Act is designed to regulate employment conditions relating to occupational safety and health. The Act provides for a wide range of substantive and procedural rights for employees and representatives of employees. The Act also recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives, at every level of safety and health activity. To help ensure that employees are, in fact, free to participate in safety and health activities, Section 5-604 of the Act states that:

(b) Retaliatory action prohibited - An employer or other person may not discharge or otherwise discriminate against an employee because the employee:

	(1)	Files a complaint under or related to this title;
	(2)	Brings an action under this title or a preceding under or related to this title or causes the action or proceeding to be brought;
	(3)	Has testified or will testify in an action under this title or a proceeding under or related to this title; or
	(4)	Exercises, for the employee or another, a right under this title.

(c) Complaint by employee

	(1)	An employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of that employee.
	(2)	An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.

"Otherwise discriminated against" may include such acts as punitive transfers, reduced pay, failure to give pay increases, or harassment.

"Exercises . . . a right under this title" may include a complaint regarding:

Safety and Health issues filed with MOSH.
Safety and Health complaints filed with management.
Proper protective equipment.
Labels and other forms of hazard warning.
Access to material safety data sheets.
Having a representative participate in the walkaround during a MOSH inspection.
Letting a MOSH inspector know about any condition that you believe is a violation of a safety or heath standard.
Being allowed to see a citation with a list of alleged violations identified by a MOSH inspector (posting).
Refusal to work (under very limited circumstances).

If you believe your employer has discriminated against you because you exercised your safety and health rights, contact the:

Assistant Commissioner for MOSH
Department of Labor, Licensing and Regulation
Division of Labor and Industry
Maryland Occupational Safety and Health
1100 Eutaw Street, Room 613
Baltimore, Maryland 21201
410-767-SAFE
410-767-7003 (Fax)

For more information, see How to File a Discrimination Complaint.

Please direct any questions about Maryland Occupational Safety and Health (MOSH) to mosh@dllr.state.md.us.
Please direct any questions about the Division of Labor and Industry to dli@dllr.state.md.us.
Questions or comments regarding the DLLR website may be directed to webmaster@dllr.state.md.us.