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Ex. DUT-MD-012 Standing duty Primary source read

Statute

Maximum and minimum civil penalties under the MOSH Act and the factors the Commissioner weighs, including 'the good faith of the employer' and 'the existence and quality of a safety and training program'

Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III; 29 U.S.C. § 667
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (amended after the period) (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
order penalty
Collection
Standing duties: Maryland DUT-MD

Operative words

(a) (1)... a civil penalty under § 5-809... may not exceed: (i) $7,000 for each violation; and (ii) if an employer does not correct a violation within the period allowed..., $7,000 for each day that the violation continues. (2) A civil penalty for a willful or repeated violation... may not exceed $70,000 for each violation. (3)... a willful violation... may not be less than $5,000.

Penalty

As quoted: $7,000 per violation and per day uncorrected; $70,000 per willful or repeated violation; minimum $5,000 per willful violation

What it required

Fixed the price of a workplace that failed the § 5-104 duty during the six quarters and directed the Commissioner to weigh 'the good faith of the employer,' 'the existence and quality of a safety and training program' and 'the actual harm to human health including injury or illness' in setting it.

Retrieval note

Subsection (b) lists nine factors, including '(3) the good faith of the employer,' '(6) the existence and quality of a safety and training program,' and '(7) the actual harm to human health including injury or illness.' The current codified text (read live on mgaleg.maryland.gov, 2026-09-28) shows $16,131 and $161,323 before July 15, 2025 and indexed amounts thereafter; the 2020 text in the exhibit is the one in force in the six quarters.