106                                        LAWS OF MARYLAND                                 Ch. 59

REMOVE SUCH IMMINENT DANGER AND PROHIBIT THE
EMPLOYMENT OR PRESENCE OF ANY INDIVIDUAL IN LOCATIONS
OR UNDER CONDITIONS WHERE SUCH IMMINENT DANGER
EXISTS, EXCEPT INDIVIDUALS WHOSE PRESENCE IS NECESSARY
TO AVOID, CORRECT OR REMOVE SUCH IMMINENT DANGER OR TO
MAINTAIN THE CAPACITY OF A CONTINUOUS PROCESS
OPERATION TO RESUME NORMAL OPERATIONS WITHOUT A
COMPLETE CESSATION OF OPERATIONS, OR WHERE A CESSATION
OF OPERATIONS IS NECESSARY, TO PERMIT SUCH TO BE
ACCOMPLISHED IN A SAFE AND ORDERLY MANNER.

(B)   UPON THE FILING OF ANY SUCH PETITION THE CIRCUIT
COURTS OF THIS STATE SHALL HAVE JURISDICTION TO GRANT
SUCH INJUNCTIVE RELIEF OR TEMPORARY RESTRAINING ORDER
PENDING THE OUTCOME OF ENFORCEMENT PROCEDURES
PURSUANT TO THIS SUBTITLE, EXCEPT THAT NO TEMPORARY
RESTRAINING ORDER ISSUED WITHOUT NOTICE SHALL BE
EFFECTIVE FOR A PERIOD LONGER THAN SEVEN DAYS.

(C)    WHENEVER ANY AUTHORIZED REPRESENTATIVE OF THE
COMMISSIONER CONCLUDES THAT CONDITIONS OR PRACTICES
DESCRIBED IN SUBSECTION (A) EXIST IN ANY PLACE OF
EMPLOYMENT, HE SHALL INFORM THE AFFECTED EMPLOYEES
AND EMPLOYER OF THE DANGER AND MAY RECOMMEND TO THE
COMMISSIONER THAT RELIEF BE SOUGHT UNDER THIS SECTION.

(D)    IF THE COMMISSIONER ARBITRARILY OR CAPRICIOUSLY
FAILS TO SEEK RELIEF UNDER THIS SECTION, ANY EMPLOYEE
WHO MAY BE INJURED BY REASON OF SUCH FAILURE OR THE
REPRESENTATIVE OF SUCH EMPLOYEES, MAY BRING AN ACTION
AGAINST THE COMMISSIONER IN THE CIRCUIT COURT FOR THE
SUBDIVISION IN WHICH THE IMMINENT DANGER IS ALLEGED TO
EXIST OR IF THE DANGER IS ALLEGED TO EXIST IN BALTIMORE
CITY, IN THE BALTIMORE CITY COURT, FOR A WRIT OF
MANDAMUS TO COMPEL THE COMMISSIONER TO SEEK SUCH AN
ORDER AND FOR SUCH FURTHER RELIEF AS MAY BE
APPROPRIATE.

40. CIVIL PENALTIES.

(A)      ANY EMPLOYER WHO WILLFULLY OR REPEATEDLY
VIOLATES ANY PROVISION OF THIS SUBTITLE OR ANY RULE,
REGULATION, STANDARD, OR ORDER PROMULGATED PURSUANT
TO THIS SUBTITLE MAY BE ASSESSED A CIVIL PENALTY NOT TO
EXCEED $10,000.00 FOR EACH VIOLATION.

(B)   ANY EMPLOYER WHO HAS RECEIVED A CITATION FOR A
SERIOUS VIOLATION OF ANY PROVISION OF THIS SUBTITLE, OR OF
ANY RULE, REGULATION, STANDARD, OR ORDER PROMULGATED
PURSUANT TO THIS SUBTITLE [[MAY]] SHALL BE ASSESSED A CIVIL
PENALTY NOT TO EXCEED $1,000.00 FOR EACH SUCH VIOLATION.

(1) FOR PURPOSES OF THIS SUBSECTION, A SERIOUS
VIOLATION SHALL BE DEEMED TO EXIST IN A PLACE OF
EMPLOYMENT IF THERE IS A SUBSTANTIAL PROBABILITY THAT
DEATH OR SERIOUS PHYSICAL HARM COULD RESULT FROM A
CONDITION WHICH EXISTS OR FROM ONE OR MORE PRACTICES,
MEANS, METHODS, OPERATIONS, OR PROCESSES WHICH HAVE