The COVID Project
The record
- Jurisdiction
- Maryland
- Level
- State
- Authority
- Md. Code Ann., Lab. & Empl. Title 5 (MOSH Act), incorporation by reference of federal standards; emergency action approved by the Joint Committee on Administrative, Executive, and Legislative Review August 16, 2021; 29 C.F.R. § 1953.5 (State plan adoption of federal emergency temporary standards)
- Issued
- 2021-08-27 Aug. 27, 2021
- Effective
- 2021-08-27
- End
- Cancelled by MOSH Standards Notice 22-1 (COVID ETS, effective December 21, 2021); the federal ETS was withdrawn except for its recordkeeping provisions on December 27, 2021 (outside the six quarters) (read as 2021-12-21)
- In force
- Aug. 27, 2021 to Dec. 21, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementHealth care ordersWorkplace rulesStanding duty
- Addressees
- employers in settings where any employee provides health care services or health care support services (29 C.F.R. § 1910.502(a)), as adopted into Maryland law
- Character
- covid workplace rule
- Collection
- Standing duties: Maryland DUT-MD
Operative words
Purpose: To adopt the COVID-19 Emergency Temporary Standard, 29 CFR §1910, Subpart U... All amendments and revisions to 29 CFR §1910, Subpart U, that appeared in the Federal Register on June 21, 2021 (86 FR 32620-32628), as amended, are adopted by reference with the following substitutions: (1) Where "Assistant Secretary" appears, substitute "Assistant Commissioner of MOSH".
Penalty
MOSH citations and civil penalties under Lab. & Empl. §§ 5-809 and 5-810 (Exs. DUT-MD-011, DUT-MD-012); inspection under MOSH Instruction 21-2, COVID-19 ETS Inspection Procedures (Aug. 27, 2021)
What it required
Made the federal COVID-19 Healthcare ETS (29 C.F.R. § 1910.502: written COVID-19 plan, patient and visitor screening, facemasks and respirators, physical distancing and barriers, ventilation, employee screening, removal of infected employees with medical removal protection pay, vaccination leave, training and reporting) enforceable by MOSH against every Maryland employer in a covered health care setting from August 27, 2021.
Retrieval noteBackground paragraph, verbatim: 'On August 16, 2021 Joint Committee on Administrative, Executive, and Legislative Review (AELR) granted approval of the Emergency Action submitted by the Commissioner of Labor and Industry to adopt the federal COVID Emergency Temporary Standard. A new Chapter was created in COMAR to house this and any future emergency actions. This action was published in the Maryland Register on August 27, 2021, Volume 48, Issue 18 [21-121-E]: COMAR 09.12.29 Emergency Temporary Standards.' Action paragraph 2: 'MOSH compliance and consultation personnel shall become familiar with and enforce and advise covered employers and employees.' The Word file is the official MOSH publication; its text was read from the saved copy. Companion instruments listed on the MOSH Instructions page (labor.maryland.gov/labor/instructions/), not saved (verified_secondary): Instruction 21-2, COVID-19 ETS Inspection Procedures (Aug. 27, 2021); Instruction 21-3, COVID-19 National Emphasis Program (Aug. 27, 2021). MOSH Standards Notice 22-1 (Dec. 21, 2021) is listed on labor.maryland.gov/labor/standards/ (verified_secondary). Before August 27, 2021 MOSH enforced COVID-19 hazards in every workplace under Lab. & Empl. § 5-104 and the incorporated federal standards.