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Session Laws, 1973
Volume 709, Page 97   View pdf image
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Ch. 59                            MARVIN MANDEL, Governor                                97

AND ISSUE SUCH RULES, REGULATIONS AND STANDARDS
WITHOUT THE NECESSITY OF A PUBLIC HEARING THEREON,
NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (I) HEREOF,
PROVIDED THE COMMISSIONER SHALL PUBLISH OR OTHERWISE
CIRCULATE NOTICE OF HIS ACTION IN ADOPTING SUCH RULES,
REGULATIONS AND STANDARDS BY REFERENCE, COMPLIES WITH
SUBSECTIONS (J) AND (K) HEREOF, AND FILES COPIES THEREOF
WITH THE CLERK OF THE COURT OF APPEALS, WITH THE
SECRETARY OF STATE, WITH THE STATE LIBRARY, WITH EACH OF
THE LIBRARIES OF THE RESPECTIVE CIRCUIT COURTS OF THE
SEVERAL COUNTIES, WITH THE SUPREME BENCH OF BALTIMORE
CITY, WITH THE STATE DEPARTMENT OF LEGISLATIVE
REFERENCE, AND WITH THE GENERAL ASSEMBLY OF MARYLAND.

(M) RULES, REGULATIONS AND STANDARDS, OR
MODIFICATIONS, AMENDMENTS OR REVOCATIONS THEREOF,
ISSUED BY THE COMMISSIONER UNDER THIS SUBTITLE SHALL BE
EFFECTIVE AS OF THE DATE OF ISSUANCE AND SHALL HAVE THE
FORCE AND EFFECT OF LAW. THE COMMISSIONER, HOWEVER,
MAY DELAY THE EFFECTIVE DATE FOR SUCH PERIOD (NOT TO
EXCEED NINETY DAYS) AS THE COMMISSIONER DETERMINES MAY
BE NECESSARY TO INSURE THAT AFFECTED EMPLOYERS AND
EMPLOYEES WILL BE INFORMED OF THE EXISTENCE OF SUCH
RULES, REGULATIONS AND STANDARDS AND OF ITS TERMS AND
THAT EMPLOYERS AFFECTED ARE GIVEN AN OPPORTUNITY TO
FAMILIARIZE THEMSELVES AND THEIR EMPLOYEES WITH THE
EXISTENCE OF THE REQUIREMENTS OF SUCH RULES,
REGULATIONS AND STANDARDS.

(N) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, THE COMMISSIONER SHALL HAVE THE AUTHORITY TO
PROMULGATE AND ISSUE AN EMERGENCY TEMPORARY
STANDARD TO TAKE IMMEDIATE EFFECT UPON DAY OF ISSUANCE
AND PUBLICATION IF HE DETERMINES (A) THAT EMPLOYEES ARE
EXPOSED TO GRAVE DANGER FROM EXPOSURE TO
CIRCUMSTANCES OR AGENTS DETERMINED TO BE TOXIC OR
PHYSICALLY HARMFUL, OR FROM NEW HAZARDS, (B) THAT SUCH
EMERGENCY STANDARD IS NECESSARY TO PROTECT EMPLOYEES
FROM SUCH DANGER. SUCH EMERGENCY STANDARD SHALL BE
EFFECTIVE FOR SUCH PERIOD . NOT TO EXCEED SIX MONTHS. AS
THE COMMISSIONER SHALL DETERMINE OR UNTIL SUPERSEDED
BY A STANDARD PROMULGATED IN ACCORDANCE WITH THE
PROCEDURES PRESCRIBED IN THIS SECTION.

32. DUTIES OF EMPLOYERS AND EMPLOYEES.

(A)   EACH EMPLOYER SHALL (1) FURNISH TO EACH OF HIS
EMPLOYEES EMPLOYMENT AND A PLACE OF EMPLOYMENT
WHICH ARE SAFE AND HEALTHFUL AS WELL AS FREE FROM
RECOGNIZED HAZARDS THAT ARE CAUSING OR ARE LIKELY TO
CAUSE DEATH OR SERIOUS PHYSICAL HARM TO HIS EMPLOYEES,
AND (2) COMPLY WITH THE RULES, REGULATIONS, STANDARDS
AND ORDERS PROMULGATED UNDER THIS SUBTITLE.

(B)  EACH EMPLOYEE SHALL COMPLY WITH THE PROVISION OF
THIS SUBTITLE AND ALL RULES, REGULATIONS, STANDARDS AND
ORDERS ISSUED PURSUANT TO THE AUTHORITY OF THIS
SUBTITLE WHICH ARE APPLICABLE TO HIS OWN ACTIONS AND

 

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Session Laws, 1973
Volume 709, Page 97   View pdf image
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