State offices and all DLLR physical locations will be closed to the public May 24th through May 27th,
2013.
However, Unemployment Insurance telephone and Web operations WILL be available on Friday, May 24th.
DLLR's Division of Labor and Industry |
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MOSH Standards Notice 04-1 - Maryland Occupational Safety
and Health (MOSH)
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| TO: |
All MOSH Personnel |
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| FROM: |
Cheryl Kammerman, Assistant Commissioner |
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| SUBJECT: |
Adoption and Enforcement of Amendments, Additions
and Revisions to 29 CFR 1910.178 – Powered Industrial Trucks |
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| EFFECTIVE DATE: |
January 5, 2004 |
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| DATE: |
January 21, 2004 |
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A. Background
- On June 2, 2003, OSHA issued a final rule amending its occupational
safety and health standard relating to Powered Industrial Trucks.
This final rule provides for a technical amendment that deletes
a powered industrial trucks standard (29 CFR 1910.178(m)(12))
covering the use of powered industrial trucks to lift personnel.
The portion of the standard was invalidly promulgated from a
non-mandatory provision of a national consensus standard and is unenforceable by OSHA.
- On December 2, 2003, the Commissioner of Labor and Industry
adopted through incorporation by reference under COMAR 09.12.31
Maryland Occupational Safety and Health Act – Incorporation
by Reference of Federal Standards, the technical amendment under
29 CFR 1910.178 relating to Powered Industrial Trucks.
B. Action
- The removal of 29 CFR 1910.178(m)(12) does not indicate that
the hazards associated with elevating personnel on powered industrial
trucks are not serious. If proper equipment, procedures, and
training are not provided, the lifting of personnel with powered
industrial trucks poses hazards likely to cause death or serious
injury to employees. Section 5-104(a) of the MOSH Act requires
employers to provide employees a place of employment that is
free from recognized hazards that is causing or likely to cause
death or serious physical harm. Therefore, OSHCOs will
enforce the proper elevating of personnel on powered industrial
trucks under Section 5-104(a).
An identical standard applicable to construction, 29 CFR 1926.602(c)(1)(viii),
was also invalidly promulgated. Although this standard is not
included in this MSN, OSHCOs will use the general duty clause
in both general industry and construction.
- MOSH Compliance personnel will enforce the adopted changes
as provided in
Attachment A.
- MOSH Supervisors will hold appropriate training sessions
in each region to review the standard’s requirements.
cc: Deputy Commissioner Keith Goddard
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing
and Regulation
Office of Administrative Hearings
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