The COVID Project
The record
- Jurisdiction
- Maryland
- Level
- State
- Authority
- Md. Const. art. III; 29 U.S.C. § 667
- Effective
- in force throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- Character
- order penalty
- Collection
- Standing duties: Maryland DUT-MD
Operative words
(2) The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.... (c) The Commissioner may assess a civil penalty against an employer who: (1) willfully or repeatedly violates this title, an order passed under this title, or a regulation....
Penalty
What it required
Made the penalty for a serious violation of the § 5-104 duty mandatory ('shall assess'), defining a serious violation as one with 'a substantial probability that death or serious physical harm could result' from an existing condition or practice.
Retrieval noteSubsection (a)(1) (in the exhibit): 'a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation.'.