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Ex. DUT-MD-013 Standing duty Primary source read

Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier)

Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)

Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. III; art. II, § 17(c) (became law without the Governor's signature, May 30, 2021); emergency measure under Md. Const. art. XVI, § 2 (three-fifths vote; effective on enactment)
Issued
2021-05-30 May 30, 2021
Effective
2021-05-30
End
standing; the duties operate 'during an emergency,' 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) (read as 2021-08-15)
In force
Standing since May 30, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • 'essential employers,' meaning any person, including a unit of State or local government, that employs an 'essential worker' (an individual who performs work 'that cannot be performed remotely or is required to be completed at the work site' 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)
Character
workplace duty
Collection
Standing duties: Maryland DUT-MD

Operative words

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...

Penalty

§ 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

What it required

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 'proactive steps to minimize the risk of transmission' after a workplace case, to pay for testing not otherwise covered, and to report positive results to MDH.

Retrieval note

The exhibit is the official chapter text as passed, showing the enrolled bill with its amendments (struck and added text) and the enactment note 'Enacted under Article II, § 17(c) of the Maryland Constitution, May 30, 2021.' Section 7 of the Act: 'this Act is an emergency measure, is necessary for the immediate preservation of the public health or safety... and shall take effect from the date it is enacted.' The quotation above is the operative sentence as codified at § 3-1703 (read on mgaleg.maryland.gov, 2026-09-28), which matches the chapter's § 3-1603 as amended ('DURING AN EMERGENCY, EACH ESSENTIAL EMPLOYER SHALL: (1) PROVIDE WORKING CONDITIONS THAT COMPLY WITH APPLICABLE SAFETY STANDARDS ADOPTED BY A FEDERAL OR STATE AGENCY...'). Codified § 3-1705(a): 'if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed'; § 3-1705(b)-(c): employer pays for testing not covered and 'shall report all positive test results to the Maryland Department of Health'; § 3-1706: paid public health emergency leave when federal or State funding is provided; § 3-1707: no misclassification to avoid benefits; § 3-1709: short title. The emergency that triggered the Act existed from enactment to August 15, 2021 (Exs. MD-071, MD-031 § II, MD-073); a later proclamation of January 4, 2022 lies outside the six quarters.