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Session Laws, 1972
Volume 708, Page 1378   View pdf image
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1378                             Laws of Maryland                      [Ch. 460

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
thereof may be prohibited by the Commissioner of Labor and In-
dustry and a notice to that effect shall be attached thereto. Such
notice shall not be removed until the machinery or mechanical equip-
ment 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 provisions of this sec-
tion may commence an action in the circuit or equity court of the
political subdivision in which he resides against the Commissioner
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 de-
cision 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.

(b)  Subject to regulations issued by the Commissioner, a repre-
sentative of the employer and an authorized representative of his
employees shall be given an opportunity to accompany the Commis-
sioner or his designee during any inspection of any place of em-
ployment. Where there is no authorized employee representative,
the Commissioner or his designee shall consult with a reasonable
number of employees concerning matters of safety and health in
the place of employment.

(c)  All information reported to or otherwise obtained by the
Commissioner or his designee in connection with any inspection or
proceeding under this subtitle which contains or might reveal a
trade secret as defined hereafter shall be considered confidential,
except that such information may be disclosed to other officers or
employees concerned with carrying out this subtitle or when rele-
vant in any proceeding under this subtitle. In any such proceeding
the Commissioner, his designee, or a court of competent jurisdiction,
as the case may be, shall issue such orders as may be appropriate
to protect the confidentiality of trade secrets.

(d)  For the purposes of subsection (c) above, trade secrets shall
mean any confidential formula, pattern, device or compilation of
information which is used in the employer's business and which
gives him an opportunity to obtain an advantage over competitors
who do not know or use it. It is known only to the employer and
those employees to whom it is necessary to confide it.

(e)  It shall be unlawful for any individual, including but not
limited to employees of the Division of Labor and Industry, from
giving prior notice of any inspection as authorized by this subtitle,
without the written approval of the Commissioner of Labor and
Industry or his designee.

47.

Every employer who under the provisions of Article 101 of this
Code is required to submit a report of an accident or injury to the
Workmen's Compensation Commission, and who may also be sub-
mitting a report thereof to the State Accident Fund, shall send a

 

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Session Laws, 1972
Volume 708, Page 1378   View pdf image
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