- Effective August 1, 1994, the Commissioner of Labor and Industry adopted a regulation,
COMAR 09.12.23, Prohibition on Smoking in an Enclosed Workplace.
- On July 22, 1994, judicial action stayed the enforcement of COMAR 09.10.23. H & G Restaurant,
Inc., et al. v. William A. Fogle, et al. Case No. CG 2460, Circuit Court for Talbot County.
- On February 24, 1995, the Court of Appeals vacated the stay. William A. Fogle, et al.
v. H & G Restaurant, Inc., et al., Case No. 69, September Term, 1994.
- On March 28, 1995, COMAR 09.12.23, Prohibition on Smoking in an Enclosed Workplace went
- On May 17, 2007, Governor Martin O'Malley signed the Clean Indoor Air Act of 2007. The
Act requires that the Maryland Department of Health and Mental
Hygiene and the Maryland Department of Labor, Licensing, and
Regulation adopt certain regulations, and report to the General
Assembly regarding their enforcement efforts and the effect of their enforcement efforts.
- It is the intent of the General Assembly that the State protects the public and employees
from involuntary exposure to environmental tobacco smoke in
indoor areas open to the public, indoor places of employment,
and certain designated private areas.
- On September 17, 2007, The Joint Committee on Administrative, Executive, and Legislative
Review granted emergency status to the amendment of Regulations
.01 and .03, the repeal of existing Regulation .02 and .04,
the adoption of new regulation .02, and the amendment and recodification
of existing Regulation .05 to be Regulation .04, under COMAR
09.12.23, Prohibition of Smoking in an Indoor Place of Employment.
- On October 1, 2007, the Commissioner of Labor and Industry adopted the emergency action,
and the enforcement of COMAR 09.12.23, Prohibition of Smoking
in an Indoor Place of Employment became effective.
- The purpose of this subtitle is to protect Maryland employees from involuntary exposure to
environmental tobacco smoke ("ETS").
- On January 8, 2009, the Commissioner of Labor and Industry adopted amendments to Regulation
.01 under COMAR 09.12.23 Prohibition on Smoking in an Indoor
Place of Employment. This action, which was proposed for adoption
in 35:24 Maryland. Register 2095-2096 (November 21, 2008), has
been adopted as proposed. This action was considered and approved
by the MOSH Advisory Board at an open meeting on May 7, 2008.
- The action amends Regulation .01B(1)(b) under COMAR 09.12.23, Prohibition of Smoking in an
Indoor Place of Employment which defined an "indoor place of
employment" to include a vehicle other than a private vehicle
as used in Health-General Article § 24-505(1), Annotated Code
of Maryland, when an employee used it in the course of employment
and it was occupied by more than one employee. This action
prohibits smoking in a vehicle, other than a private vehicle,
when an employee uses it in the course of employment, regardless
of the number of employees in the vehicle.
- MOSH Compliance personnel will
enforce the regulation as amended.
- MOSH Supervisors will hold appropriate training sessions in each region to review
the requirements of this action.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
General Jonathan Krasnoff, Assistant Attorney
Office of Administrative Hearings
- Roman type indicates text existing before emergency status was granted
- Italic type indicates new text.
- [Single brackets] indicate deleted text.
A. (text unchanged)
B. Terms Defined.
(1) "Indoor place of employment" includes, but is not limited to:
(a) (text unchanged).
(b) A vehicle other than a private vehicle as used in Health-General Article § 24-505(1),
Annotated Code of Maryland, when an employee uses it in the course
of employment [and it is occupied by more than one employee];
(c) - (k) (text unchanged)
(2) - (3) (text unchanged)