Workplace facilities are regulated principally by standards established under the Occupational Safety and Health Act (OSH Act), a federal law. The federal scheme permits individual states to devise and enforce their own laws and regulations, but only with federal approval and if the applicable state plan requirements are as stringent as the corresponding federal standards.
Maryland has its own regulations in effect, and federal authorities have approved these. This makes Maryland a so-called “state plan” state and authorizes it to enforce its own requirements, which are, in all important respects, identical to those established by the federal government.
Employer's “general duty.” The Maryland Occupational Safety and Health program (MOSH) has a “general duty” provision requiring employers to provide a workplace that is free from recognized hazards that are likely to cause death or serious physical harm to employees and to do everything else that is reasonably necessary to protect the lives, health, and safety of employees (MD Lab. and Empl. Code Sec. 5-104 et seq.). To the extent that the state's more specific work safety regulations contain loopholes, this law is intended to fill them.
The Department of Labor, Licensing, and Regulation (DLLR) has regulatory authority over the health and safety of Maryland workers under MOSH and administers MOSH regulations. MOSH standards encourage facility maintenance and inspections, and establishment of work practices, rules, and administrative controls to maintain a safe and healthful workplace free of hazards.
Under MOSH, the state has the right to enter a facility in order to inspect the place of employment, investigate conditions, question the employer or building agent, ...