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2017 Maryland Code
Labor and Employment
Title 5 - Occupational Safety and Health
Subtitle 6 - Miscellaneous Provisions
§ 5-608. Smoking prohibited.
Universal Citation: MD Lab & Emp Code § 5-608 (2017)
- (a) In general. -- Except as provided in § 24-505 of the Health - General Article, an individual may not smoke in an indoor place of employment.
- (b) Regulations; violations; penalties. --
- (1) The Department shall adopt regulations that prohibit environmental tobacco smoke, as defined in § 24-501 of the Health - General Article, in indoor places of employment not normally open to the general public.
- (2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:
- (i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner's designee;
- (ii) for a second violation, is subject to a civil penalty of $ 100; and
- (iii) for each subsequent violation, is subject to a civil penalty not less than $ 250.
- (c) Waiver of penalties. -- The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:
- (1) the seriousness of the violation; and
- (2) any demonstrated good faith measures to comply with the provisions of this subtitle.
- (d) Payment of penalties into Cigarette Restitution Fund. -- A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.
- (e) Retaliation prohibited. -- An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $ 2,000 but not more than $ 10,000 for each violation.
- (f) Malicious complaints or bad faith actions prohibited; injunctions and damages. --
- (1) An employee may not:
- (i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
- (ii) in bad faith, bring an action under this subtitle; or
- (iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
- (2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.
- (1) An employee may not:
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