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Ex. DUT-MD-020 Standing duty Primary source read

MOSH Instruction 21-1

MOSH COVID-19 Pandemic Field Enforcement Guidelines

Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor · Maryland (State)

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The COVID Project

The record

Jurisdiction
Maryland
Level
State
Authority
Md. Code Ann., Lab. & Empl. Title 5 (MOSH Act), §§ 5-104, 5-206 to 5-215 (inspections)
Issued
2021-08-27 Aug. 27, 2021
Effective
2021-08-27
End
One year from the effective date unless cancelled or superseded (to August 27, 2022) (read as 2022-08-27)
In force
Aug. 27, 2021 to Aug. 27, 2022
Quarters
2021 Q3
Limitation types
Face-covering requirementWorkplace rulesStanding duty
Addressees
  • MOSH compliance and consultation staff; by its inspection protocol, every Maryland establishment MOSH entered in the third quarter of 2021
Character
guidance incorporated
Collection
Standing duties: Maryland DUT-MD

Operative words

As reasonably practicable, MOSH will follow current CDC guidance regarding risk and transmission levels, administrative and work practice controls, and protective equipment recommendations.... State, County, and local jurisdiction mandates or requirements supersede these guidelines where the requirements are more protective.... The requirements of 29 CFR 1910 Subpart U... will take precedence

Penalty

Not a penalty provision; the citations that followed an inspection carried Lab. & Empl. §§ 5-809 and 5-810

What it required

Directed every MOSH compliance officer and consultant, from August 27, 2021, to conduct field inspections under CDC transmission-level guidance, to defer to more protective State, county and local mandates, to apply the Healthcare ETS where it governs, and to record for every establishment inspected 'controls the employer has in place to prevent COVID-19 infection including hazard isolation, engineering controls, administrative and work practice controls, and PPE for employees' and the 'safety measures implemented by employer (e.g. pre-entry screening, social distancing, mask enforcement, cleaning, vaccine encouragement/mandated, etc).'

Retrieval note

Recorded as guidance_incorporated: the instruction binds MOSH staff ('Face coverings MUST be worn at all times' by unvaccinated inspectors and by all field staff where community transmission is Substantial or High, and 'Where the employer, general contractor, or site manager requests or requires face coverings to be worn'), and it incorporates CDC guidance and State and local mandates as the measure MOSH inspected against. Attachment A, 'Exposure Assessment, Preparation, and Control,' is the case-file form listing the employer's COVID-19 controls. Attachment B (referenced) identifies establishments covered by the Healthcare ETS. The Word file is the official MOSH publication; text read from the saved copy.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.