1. A. In this chapter, the following documents are incorporated by reference.

2. B. Documents Incorporated.

   1. (1) The following sections of Consultation Agreements, 29 CFR 1908 (October 26, 2000):

      1. (a) 29 CFR §1908.2;
      2. (b) 29 CFR §1908.4;
      3. (c) 29 CFR §1908.5, except in (b)(2), the last sentence, change the word “insight” to “initial”;
      4. (d) 29 CFR §1908.6; and

      5. (e) 29 CFR §1908.7, except:

         1. (i) In paragraph(a)(1), substitute the following for the existing text, “Consultative activity shall be conducted independently of any MOSH enforcement activity”;
         2. (ii) In paragraph (b)(2), after (iv), insert: “Accident investigations”; and “(v)”.
         3. (iii) In paragraph (b)(4), after the word “employers” insert “at fixed worksites”;
         4. (iv) In paragraph (b)(4)(i)(B), substitute the words “Commissioner of Labor and Industry” for “Regional Office”; and

         5. (v) In paragraph (b)(4)(ii), add the following criteria:

            "(D) Accident;

            1. (E) Referral from a MOSH safety compliance officer to a MOSH health compliance officer, or from a MOSH health compliance officer to a MOSH safety compliance officer; and
            2. (F) Follow-up on a previously cited violation."

   2. (2) The following amendments apply to the documents incorporated by reference in §B(1) of this regulation, except 29 CFR §1908.2:

      1. (a) Wherever the words “Assistant Secretary” appear, substitute “Commissioner of Labor and Industry”, except in 29 CFR §1908.6(g)(1);
      2. (b) Wherever the words “RA” or “Area Director” appear, substitute “Assistant Commissioner”;
      3. (c) Wherever the words “compliance officer” or “OSHA compliance officer” appear, substitute “MOSH compliance officer”;
      4. (d) Wherever the word “employee” appears, it means an employee as defined in §5-101(c) of the MOSH Act;
      5. (e) Wherever the word “employer” appears, it means employer as defined in §5-101(d) of the MOSH Act;
      6. (f) Wherever the words “Section 5(a)(1) of the OSHA Act” appear, it means §5-104 of the MOSH Act; and

      7. (g) Substitute “Assistant Commissioner” for:

         1. (i) “appropriate OSHA enforcement authority” in 29 CFR §1908.6(f)(1); and
         2. (ii) “OSHA enforcement authority” in 29 CFR §1908.6(f)(4).
   3. (3) Safety and Health Program Management Guidelines, 54 FR 3904—3916 (1989); and
   4. (4) Safety and Health Program Assessment Worksheet (OSHA Form 33) (Revised October 2000).

Authority: Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-328, Annotated Code of Maryland

Effective date: February 13, 1995 (22:3 Md. R. 153)

Regulations .03—.06 repealed and new Regulations .03—.08 adopted as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); adopted permanently effective June 24, 2002 (29:12 Md. R. 926)

Regulation .03 amended effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .05 amended effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .06 amended effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .07 repealed and new Regulation .07 adopted effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .08 repealed and new Regulation .08 adopted effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .09 adopted effective August 11, 2008 (35:16 Md. R. 1391)