{"id":"DUT-MD-013","kind":"duty","level":"state","jurisdiction":"Maryland","state":"MD","metro":"","industry":"","agency":"","eco":"","issuer":"Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486)","authority":"Md. Const. art. III; art. II, § 17(c) (became law without the Governor\u0027s signature, May 30, 2021); emergency measure under Md. Const. art. XVI, § 2 (three-fifths vote; effective on enactment)","instrument":"Session law (Maryland Essential Workers\u0027 Protection Act), codified at Md. Code Ann., Lab. \u0026 Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier)","title":"Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers\u0027 Protection Act)","dateIssued":"2021-05-30","effective":"2021-05-30","end":"standing; the duties operate \u0027during an emergency,\u0027 defined as a catastrophic health emergency proclaimed under Pub. Safety § 14-3A-02 and related to a communicable disease, which in Maryland ran to 11:59 p.m. August 15, 2021 (Exs. MD-031, MD-073)","startDate":"2021-05-30","endDate":"2021-08-15","quarters":["2021Q2","2021Q3"],"types":["DUTY","EMP","COND"],"addressees":["\u0027essential employers,\u0027 meaning any person, including a unit of State or local government, that employs an \u0027essential worker\u0027 (an individual who performs work \u0027that cannot be performed remotely or is required to be completed at the work site\u0027 and that the employer determines to be essential or critical to its operations), in industries and sectors identified by the Governor or a federal or State agency as critical to remain in operation during the emergency (§§ 3-1701, 3-1702)"],"clause":"During an emergency, each essential employer shall: (1) provide working conditions that comply with applicable safety standards adopted by a federal or State agency; (2)... subject to availability, provide necessary amounts of personal protective safety equipment recommended for usage during the emergency at no cost to essential workers;... and (4) provide or implement any other measures or requirements set by the Governor or a federal or State agency...","enforcement":"§ 3-1708: complaints to the Commissioner of Labor and Industry; enforcement under Title 5 of the Labor and Employment Article for the safety duties; for public health emergency leave, an order for the unpaid leave and actual damages, up to three times the hourly wage per violation, and a civil penalty of up to $1,000 per essential worker","functions":[],"notes":"From May 30 to August 15, 2021 commanded every employer of a worker whose duties could not be performed remotely, in the industries and sectors the Governor or a federal or State agency identified as critical to remain in operation, to comply with applicable safety standards, to furnish recommended safety equipment free of charge, to adopt, maintain and post written safety protocols, to implement every other measure the Governor or an agency set, to take \u0027proactive steps to minimize the risk of transmission\u0027 after a workplace case, to pay for testing not otherwise covered, and to report positive results to MDH.","sourceUrl":"https://mgaleg.maryland.gov/2021RS/Chapters_noln/CH_736_hb0581t.pdf","snapshot":"","fileExists":true,"fileBytes":413133,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-MD","url":"/library/DUT-MD-013","exhibitUrl":"/exhibit/DUT-MD-013","citation":"Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486), Session law (Maryland Essential Workers\u0027 Protection Act), codified at Md. Code Ann., Lab. \u0026 Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier) (standing) (Ex. DUT-MD-013)","stateName":"Maryland","related":["MD-031","MD-073","MD-071"]}