Public Employees’ Safety and Health (PESH) - MOSH

Frequently Asked Questions:

What Is the Davis Martinez Public Employee Safety and Health Act?

• A Maryland law stipulating enhanced protections for public sector employees, passed by the Maryland General Assembly in 2025. The Act is named after Officer Davis Martinez, a Maryland parole and probation agent who died in the line of duty on May 31, 2024 while conducting a home visit in Montgomery County.

The law requires:

• Establishment of a Public Employees’ Safety and Health Unit within MOSH;
• Public bodies to be subject to monetary civil penalties for violations resulting from MOSH inspections;
• MOSH citations to be shared with public bodies, employees, chief executive officers (e.g. county executives and mayors), and legislative oversight bodies (e.g. county councils and city councils);
• MOSH to publish an annual report online each July that includes citations issued to public bodies the previous year and trending safety and health issues; and
• Adoption of a workplace violence prevention standard to better protect the safety and health of public-sector employees.

When did the Davis Martinez Public Employee Safety and Health Act of 2025 go into effect?

Most of the Act’s provisions that expand workplace safety and health protections for Maryland public-sector employees went into effect on October 1, 2025.

Who is covered under the Act?

All Maryland state, county, and municipal public employers and employees.

Public bodies include:

• Governmental units;
• Public or quasi–public corporations of the State;
• School districts in the State or any unit of the district; and
• Special districts in the State or any unit of the district.

What are the primary requirements for public bodies?

The Act provides that “public bodies should be leaders in creating and maintaining safe and healthy workplaces” and “that workplaces of public bodies be maintained so that employees are provided places of employment that are safe, healthy, and productive over the course of their careers.”

The Act did not change existing requirements that public bodies must comply with the MOSH Act, safety and health standards, and the general duty to provide each employee with a place of employment that is safe and healthful and free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee.

One new requirement is that public bodies annually make available to each employee a copy of MOSH’s public body workplace safety and health report and any citations issued by MOSH during the preceding year

Does the Act subject public bodies to civil monetary penalties for MOSH violations?

Yes. Historically, public bodies were exempt from civil monetary penalties for violations of MOSH standards. As of October 1, 2025, all employers in the public and private sectors are subject to assessment of civil monetary penalties for violations of MOSH standards.

What factors does MOSH consider prior to assessing civil penalties under the MOSH Act?

Section 5-809 of the MOSH Act includes 9 considerations that must be evaluated prior to assessment of a civil penalty:

• The size of the business;
• The gravity of the violation;
• The good faith of the employer;
• The history of violations;
• The injury and illness experience of the employer;
• The existence and quality of a safety and training program;
• The actual harm to human health, including injury or illness;
• The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and
• The extent to which the existence of the violation was known to the employer but remained not corrected.

For more information about penalty calculations, see Chapter VI of the MOSH Field Operations Manual.

What are the current maximum and minimum MOSH penalties?

Current Penalty Maximums & Minimum Willful Amounts

• Violations: Maximum $16,550
• Failure to Abate Violations: Maximum $16,550 per day
• Willful or Repeated Violations: Maximum $165,514
• Willful Violations: Minimum $16,550

These amounts are effective as of July 15, 2025 and adjusted annually for inflation.

Where does the money go when a public body pays MOSH penalties to the State?

Penalties collected from public bodies are directed into the Maryland Apprenticeship and Training Program Fund.

How can MOSH help public bodies improve safety and health and comply with the Act?

MOSH Consultation Services provides free, confidential, and non-enforcement assistance to all public bodies. Consultation Services include:

• Free and Confidential no-cost workplace safety and health surveys, funded by the Maryland Workers' Compensation Commission and federal OSHA. This information is not routinely shared with MOSH enforcement.
• Available public sector experts and valuable resources that can help organizations better protect workers’ safety and health and comply with the new law.
• Comprehensive, Guided Visits include program evaluations, monitoring, a written report, and hazard abatement support.
• Proactive Risk Management through engagement with MOSH helps organizations build a stronger safety culture and reduce the risks of workplace injuries, illnesses, and related costs.

MOSH can also help with compliance with Injury and Illness Recordkeeping Forms OSHA 300, 300A, and 301.

MOSH is committed to partnering with public bodies to promote safe and healthful workplaces.

Are MOSH Consultation visits linked to enforcement?

No. Consultation services are completely separate from enforcement. They do not issue citations or penalties. Their only goal is to help agencies voluntarily improve safety and comply with the Act.

What kind of support can MOSH consultants provide?

MOSH consultants can help with:

• On-site hazard evaluations
• Written safety program development
• PPE assessments
• Safety training and educational materials

Determine whether the entity qualifies for the Safety and Health Achievement Recognition Program (SHARP)

How can a public-sector employer request MOSH Consultation Services?

Public bodies can request MOSH Consultation Services by contacting the Maryland Department of Labor’s MOSH Consultation Program. The MOSH Consultation process typically involves requesting a survey, scheduling an initial meeting, followed by an on-site visit, hazard evaluation, and collaborative development of improvement plans.