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Ex. DUT-MD-011 Standing duty Primary source read

Statute

Mandatory civil penalty for serious violations of the MOSH Act, orders and regulations; discretionary penalties for willful, repeated, non-serious and uncorrected violations

Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8) · Maryland (State)

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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
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
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

Amounts in § 5-810 (Ex. DUT-MD-012)

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 note

Subsection (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.'.