A. Place of Posting.
- (1) Except as otherwise provided by this regulation, upon receipt of a citation issued under the Railroad Safety and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of Maryland, a railroad company shall immediately post the citation, or a copy of it, at or near each place a violation alleged in the citation occurred.
- (2) If a citation posted at or near a place of alleged violation would not be readily visible to affected employees, the railroad company shall post the citation in a place or places where it will be readily visible to affected employees.
B. The railroad company shall:
- (1) Post the citation or copy unedited; and
- (2) Ensure that, while posted, the citation or copy is not altered, defaced, or covered by other material.
C. Duration of Posting.
(1) If the railroad company does not file a notice of intention to contest a citation, the citation shall remain posted for the longer of:
- (a) The period until the violation has been abated; or
- (b) Three working days.
(2) If the railroad company files a notice of intention to contest a citation, the citation shall remain posted until the Commissioner of Labor and Industry issues a final order:
- (a) Vacating the citation; or
- (b) Affirming the citation, and the violation has been abated.
D. Contested Citation.
- (1) A railroad company that has filed a notice of intention to contest a citation may post a copy of the notice at each location where the citation is posted.
(2) The notice in §D(1) may:
- (a) Explain the reasons for the contest; and
- (b) Specify the steps that have been taken to abate the violation.
Authority: Labor and Employment Article, §§5.5-104 and 5.5-108, Annotated Code of Maryland
Effective date: January 9, 1981 (8:1 Md. R. 20)
Regulations .01—.03 adopted effective January 28, 1985 (12:2 Md. R. 137)
Regulation .04 adopted effective February 24, 1986 (13:4 Md. R. 396)
Regulation .05 adopted effective July 13, 1986 (13:14 Md. R. 1633)
Regulation .06 adopted effective October 19, 1987 (14:21 Md. R. 2223)
Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 849)