The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 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 noteThe 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.