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MOSH Standard Notice 02-3 - MOSH Standard Notices

TO: All MOSH Personnel
FROM: Cheryl Kammerman, Assistant Commissioner
SUBJECT: Adoption and Enforcement of Revisions to MOSH Regulations for MOSH Consultation Education and Training Program COMAR 09.12.24; 29 CFR 1908 Consultation Agreements: Changes to Consultation Procedures
CANCELLATIONS: MOSH Standards Notice 95-7; MOSH Standards Notice 02-3 dated April 30, 2002
EFFECTIVE DATE: March 29, 2002 through June 24, 2002 (Emergency Action)
June 24, 2002 (Final Action)
DATE: June 19, 2002

A.   Background

  1. The 1994 General Assembly enacted legislation permitting the MOSH program to offer exemption from MOSH General Schedule inspection to employers who meet certain requirements.  The law directed the Commissioner to adopt regulations for such a program.
  2. On February 13, 1995, the Commissioner of Labor and Industry adopted these regulations under COMAR 09.12.24, MOSH Consultation Education and Training Program.  The regulations also incorporated by reference sections of federal regulation 29 CFR 1908, Consultation Agreements, relating to the conduct of consultation services and the relationship to OSHA enforcement.
  3. On October 26, 2000, OSHA issued a final rule amending 29 CFR 1908 to:  provide for increased employee involvement in on-site consultation visits; provide for the confidential treatment of information concerning workplace consultation visits; increase the consultation “visit in progress” time period during which enforcement can’t make a General Schedule inspection; and modify the procedures for obtaining a long-term exemption from General Schedule enforcement inspections for employers (Recognition and Exemption Program) who establish an exemplary safety and health program.
  4. Effective March 29, 2002, the Joint Committee on Administrative, Executive, and Legislative Review granted emergency status to the repeal of Regulations .03 - .06 and adoption of new Regulations .03 - .08 COMAR 09.12.24, MOSH Consultation Education and Training Program.
  5. On May 21, 2002, the Commissioner of Labor and Industry repealed existing Regulations .03 — .06 and adopted new Regulations .03 — .08 under COMAR 09.12.24 MOSH Consultation Education and Training Program. This action includes the adoption through incorporation by reference, with certain limited exceptions, of revisions under 29 CFR 1908 on Consultation Agreements: Changes to Consultation Procedures; Final Rule. This action, which was proposed for adoption in 29:7 Md. R. 631 — 634 (April 5, 2002), has been adopted as proposed.

B.  Action

  1. MOSH Consultation Personnel will follow the new requirements when conducting consultation services as provided in Attachments A and B.
  2. MOSH Enforcement Personnel will follow the requirements addressing the relationship of consultation services to enforcement as provided in Attachments A and B.
  3. MOSH Supervisors will hold appropriate training sessions in each region to review the regulations.