MOSH Update William E. Dallas, CSP Assistant Commissioner MOSH The 29 th Annual CRSC Conference & Expo October 10, 2018
History • MOSH has a remarkable 45-year history of protecting the safety and health of Maryland workers. • Every employer and employee in the State recognizes that occupational safety and health adds value to Maryland businesses, workplaces and worker’s lives
History of MOSH • The Maryland Occupational Safety and Health (MOSH) Act became effective on July 1, 1973 • Went through a period review and further development. • Final approval of the Maryland program was formally granted on July 18, 1985.
MOSH Mission • MOSH's mission is to promote and assure workplace safety and health while reducing workplace fatalities, injuries and illnesses. • By accomplishing our mission MOSH saves lives, enhances the quality of life of working men and women, and contributes to the economic vitality of the State.
MOSH Mission MOSH achieves its mission through a various means, including: • Research & Statistics • Consultation Services • Outreach Training & Education • Safety and Health Enforcement
The MOSH Act Covers • Every Maryland employer in business, trade, commercial or industrial activity, who has one or more employees, including State and local governments.
Employer’s Responsibilities • Provide a safe and healthful workplace free from recognized hazards • Know and follow MOSH and OSHA standards • Provide required training and medical examinations, and maintain records • Not discriminate against workers who exercise their rights under MOSH and OSH Act
Employee’s Rights • Safe and healthful workplace • Be trained to recognize hazards in the workplace • Request hazard correction from employer • File a complaint with MOSH if employer does not correct hazard • Proper training that can be understood • Report injuries to employer • Participate in MOSH inspection
Employee’s Rights • Safe and healthful workplace • Be trained to recognize hazards in the workplace • Request hazard correction from employer • File a complaint with MOSH if employer does not correct hazard • Proper training that can be understood • Report injuries to employer • Participate in MOSH inspection
Employee’s Rights Be free from retaliation or discrimination for exercising safety and health rights • Filing a complaint • Refusing to perform unsafe tasks • Participation in MOSH inspection
MOSH Regions Region II Industrial Hygiene Unit covers the entire State of Maryland
Inspection Priority • Imminent Danger • Fatality / Catastrophe • Serious Complaints and Referrals • Accidents • Other than Serious Complaints and Referrals • Follow-up • General Schedule Inspections
Notification Requirements • Employers are required to notify MOSH when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.
Notification Requirements • A fatality and catastrophe (the in-patient hospitalization of 3 or more employees from a single incident) must be reported within 8 hours . • The in-patient hospitalization of a single employee, an amputation (with bone or cartilage loss) or the loss of an eye must be reported within 24 hours .
How do Employers Notify MOSH • Maryland Emergency Management Agency • Emergency Contact number 1-888-257-6674 (24/7) • Be prepared to supply: name of the establishment, location and time of the incident, names of the employees affected, brief description of the incident, and a contact person and phone number
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Walking-Working Surfaces MOSH has adopted the updated Walking-Working Surfaces Standard
Walking-Working Surfaces COMPLIANCE ASSISTANCE RESOURCES: OSHA’s webpage on subparts D&I: www.osha.gov/walking-working-surfaces/ Fact Sheets FAQs
Silica Update • The Federal Silica Standards were adopted on June 19, 2018 • Adopted amendments to: – 29 CFR 1910 General Industry – 1915 Maritime – 1926 Construction related to Silic a • Took effect on July16, 2018 • There were no changes or modifications.
Guidance and Outreach – Fact Sheets – FAQs – Videos – Interpretations – Sampling and Analysis – Guidelines – Health Effects
Electronic Reporting & Drug Testing Provisions • MOSH did not recommend for adoption OSHA's new electronic reporting or any related drug testing provisions. • July 30, 2018 – OSHA issues Notice of Proposed Rule Making (NPRM) to eliminate requirement for employers in certain high-risk industries with 250+ employees to submit their OSHA 300 logs and 301 incident reports electronically to OSHA. Public comment period ended Sept. 28, 2018.
Electronic Reporting & Drug Testing Provisions • OSHA's standard is currently under revision through the rule- making process. MOSH is monitoring the revision for this standard and will review for adoption once completed. • OSHA does not have jurisdiction over most Maryland employers. • If an employer works on a jobsite outside of Maryland longer than one year they will need to comply with OSHA requirements for submitting injury data for that particular site.
Post Accident Drug Testing Drug Testing and Post Accident Drug Testing are not addressed or regulated by MOSH except for the requirement to have a Drug and Alcohol Free Workplace and Substance Abuse Policy in the MOSH specific Crane Regulations.
MOSH Consultation Services Maryland’s Free On-Site Consultation: – Confidential – Full or limited safety and health surveys – No citations or penalties – Training assistance – Safety and Health Achievement Recognition Program For more information: – Call (410) 527-4472 – Fax (410) 527-5678 – Web http://www.dllr.state.md.us/labor/mosh/volc.shtml
MOSH Outreach and Education • Helps reduce occupational injuries and illnesses through free educational services – Full and half-day seminars – Speaker requests – Free pamphlets, brochures, and video library • For more information: – Call (410) 527-2091 – Fax (410) 527-4490 – Web https://www.dllr.state.md.us/labor/mosh/train.shtml
Example of Seminar Topics
Seminar Locations – MOSH, Hunt Valley – ABC of Metro Washington, Beltsville – Anne Arundel One-Stop Center, Hanover – DLLR / Columbia Workforce Center, Columbia – Frederick County Public Safety, Frederick – Harford Community College, Bel Air – State Highway Administration, Hagerstown – Wheaton Westfield South Building, Wheaton
Lending Library • Audiovisual • Reference documents
Division of Labor and Industry Program Units Employment Standards (410) 767-2357 | dldliemploymentstandards-dllr@maryland.gov Prevailing Wage/Living Wage (PW) (410) 767-2342 | (LW) (410) 767-2232 dldliprevailingwage-dllr@maryland.gov Maryland Occupational Safety and Health (MOSH) (410) 527-4499 | dldlimosh-dllr@maryland.gov Safety Inspection Unit (Amusement Rides, Boiler and Pressure Vessel Safety Inspection, Elevator Safety, and Railroad Safety) (410) 767-2990 | dldlisafetyinspection-dllr@maryland.gov Worker Classification Protection Unit* (410) 767-9885 | dldliwcpu-dllr@maryland.gov
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