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2017 Maryland Code
Labor and Employment
Title 5 - Occupational Safety and Health
Subtitle 8 - Prohibited Acts; Penalties
Part III - Civil Penalties
§ 5-809. Assessment of penalty
Universal Citation: MD Lab & Emp Code § 5-809 (2017)
- (a) Required for serious violation. --
- (1) For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or serious physical harm could result from a condition that exists or a practice, means, method, operation, or process that has been adopted or is in use, unless the employer did not and with the exercise of reasonable diligence could not know of the violation.
- (2) The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.
- (b) Required for posting violations. -- The Commissioner shall assess a civil penalty against an employer who violates a requirement for posting imposed under this title.
- (c) Allowed for other violations. -- The Commissioner may assess a civil penalty against an employer who:
- (1) willfully or repeatedly violates this title, an order passed under this title, or a regulation adopted to carry out this title; or
- (2) receives a citation for a violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title and there is a specific determination that the violation is not of a serious nature.
- (d) Allowed for failure to correct violation. -- The Commissioner may assess a civil penalty against an employer who does not correct a violation for which a citation is issued within the period set under this title for correction.
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