SPIRO T. AGNEW, Governor                          981

CHAPTER 529
(Senate Bill 268)

AN ACT to repeal and re-enact, with amendments, Section 39 of
Article 89 of the Annotated Code of Maryland (1964 Replacement
Volume), title "Department of Labor and Industry," subtitle
"Occupational Safety," to authorize the Commissioner of Labor
and Industry to prohibit the use of any machinery or mechanical
equipment found to be in an unsafe or dangerous condition VIO-
LATION OF SECTION 29 OF THIS ARTICLE until the unsafe
or dangerous SUCH condition shall have been corrected.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 39 of Article 89 of the Annotated Code of Maryland
(1964 Replacement Volume), title "Department of Labor and Indus-
try," subtitle "Occupational Safety," be and it is hereby repealed
and re-enacted, with amendments, to read as follows:

39.

The Commissioner of Labor and Industry or his authorized repre-
sentative shall have the power and authority to enter and inspect
such places, question such employees, and investigate such facts,
conditions, practices, or matters as he may deem appropriate to
determine the cause of any accident that has occurred, or whether
any person has violated any provisions of this subtitle, or any rule
or regulation issued thereunder. The Commissioner of Labor and
Industry may further investigate all matters which may aid in the
enforcement of this subtitle. If AFTER INSPECTION FOR COM-
PLIANCE WITH THE PUBLISHED STANDARDS OF THE DE-
PARTMENT OF LABOR AND INDUSTRY, any machinery or
mechanical equipment or any part thereof is found to be in an unsafe
or dangerous condition, or is not properly guarded, VIOLATION OF
SECTION 29 OF THIS ARTICLE, notice thereof shall be given to
the manager or owner in charge of such operation, in writing, and
unless such machinery or mechanical equipment is repaired or made
safe WITHIN A REASONABLE PERIOD OF TIME, the use there-
of may be prohibited by the Commissioner of Labor and Industry
and a notice to that effect shall be attached thereto. Such notice shall
not be removed until the machinery or mechanical equipment is made
safe and the required safeguards are provided and in the meantime
such unsafe or dangerous machinery or mechanical equipment shall
not be used. ANY PERSON AGGRIEVED BY ANY DECISION OF
THE COMMISSIONER MADE PURSUANT TO THE PROVI-
SIONS OF THIS SECTION MAY COMMENCE AN ACTION IN
THE CIRCUIT OR EQUITY COURT OF THE POLITICAL SUB-
DIVISION IN WHICH HE RESIDES AGAINST THE COMMIS-
SIONER OF LABOR AND INDUSTRY TO VACATE OR MODIFY
SUCH DECISION ON THE GROUND THAT IT IS UNLAWFUL
OR UNREASONABLE. THE FILING OF ANY SUCH ACTION
AGAINST THE COMMISSIONER SHALL NOT ACT AS A STAY
OF THE DECISION OF THE COMMISSIONER, EXCEPT THAT
THE COURT, AFTER NOTICE TO THE COMMISSIONER, AND
HEARING, MAY GRANT A STAY UPON SUCH CONDITION OR
SUCH SECURITY OR BOND AS MAY, IN ITS DISCRETION,
SEEM PROPER.