HARRY HUGHES, Governor

2941

ESTABLISHMENT, SITE, PLANT, WORKPLACE, PLACE OF EMPLOYMENT,
ENVIRONMENT, OR OTHER AREA TO INSPECT AND INVESTIGATE THESE
PLACES AND ALL PERTINENT CONDITIONS, STRUCTURES, MACHINES,
APPARATUS, DEVICES, EQUIPMENT AND MATERIAL WITHIN, AND TO
QUESTION PRIVATELY ANY RAILROAD AGENT OR EMPLOYEE IF THE
RAILROAD AND EMPLOYEE REPRESENTATIVE ARE ADVISED AND
PROVIDED AN OPPORTUNITY TO ATTEND THE QUESTIONING SESSION.

(B)  THE PROVISIONS OF ARTICLE 89, SECTION 2A RELATING
TO ADMINISTRATIVE SEARCH WARRANTS IS APPLICABLE TO THIS
SUBTITLE.

(C)  IT SHALL BE UNLAWFUL FOR ANY PERSON TO GIVE
ADVANCE NOTICE OF ANY INSPECTION TO BE CONDUCTED UNDER THIS
SUBTITLE WITHOUT THE WRITTEN APPROVAL OF THE COMMISSIONER OR
HIS AUTHORIZED REPRESENTATIVE.

(D)  ANY EMPLOYEE OF A RAILROAD COMPANY OR
REPRESENTATIVE OF EMPLOYEES WHO IN GOOD FAITH BELIEVES THAT
A VIOLATION OF A SAFETY AND HEALTH STANDARD PROMULGATED
UNDER THIS SUBTITLE EXISTS THAT THREATENS SEVERE PHYSICAL
HARM TO EMPLOYEES OR THAT IMMINENT DANGER TO THESE EMPLOYEES
EXISTS, MAY REQUEST AN INSPECTION BY GIVING NOTICE TO THE
COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE OF THE
VIOLATION OR DANGER. THE NOTICE SHALL (1) BE IN WRITING,
(2) SET FORTH WITH REASONABLE PARTICULARITY THE GROUNDS FOR
THE NOTICE, AND (3) BE SIGNED BY THE EMPLOYEE OR
REPRESENTATIVE OF EMPLOYEES. A COPY OF THE NOTICE SHALL BE
PROVIDED THE RAILROAD COMPANY OR ITS AGENT NO LATER THAN AT
THE TIME OF INSPECTION, EXCEPT THAT UPON THE REQUEST OF THE
PERSON GIVING THE NOTICE, HIS NAME AND THE NAMES OF
INDIVIDUAL EMPLOYEES REFERRED TO THEREIN MAY NOT APPEAR IN
THE COPY OF ANY RECORD PUBLISHED, RELEASED, OR MADE
AVAILABLE PURSUANT TO ANY PROVISION OF THIS SUBTITLE. IF,
UPON RECEIPT OF THE NOTIFICATION, THE COMMISSIONER
DETERMINES THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT
THE VIOLATION OR DANGER EXISTS, HE SHALL MAKE AN
INVESTIGATION AS SOON AS PRACTICABLE, TO DETERMINE THAT THE
VIOLATION OR DANGER EXISTS. AFTER THE COMMISSIONER
DETERMINES THERE ARE NO REASONABLE GROUNDS TO BELIEVE THAT A
VIOLATION OR DANGER EXISTS, HE SHALL NOTIFY THE EMPLOYEE OR
REPRESENTATIVE OF THE EMPLOYEES IN WRITING OF THAT
DETERMINATION.

(E)  IF AN EMPLOYEE OR HIS AUTHORIZED REPRESENTATIVE
FILES A COMPLAINT WITH THE COMMISSIONER CHARGING THE
EMPLOYER WITH A VIOLATION OF A REGULATION OF THE
COMMISSIONER, OR THE COMMISSIONER UPON HIS OWN INITIATIVE
ISSUES A COMPLAINT, THE PERSON COMPLAINED OF SHALL BE SERVED
WITH A COPY OF THE COMPLAINT. WITHIN 20 DAYS THE PERSON
COMPLAINED OF SHALL FILE A WRITTEN ANSWER WITH THE
COMMISSIONER. WITHIN 10 DAYS AFTER AN ANSWER IS FILED THE
COMMISSIONER SHALL SET A DATE FOR A HEARING OF THE
COMPLAINT. THE COMMISSIONER MAY PERMIT ANY INTERESTED
PERSON OR ORGANIZATION TO INTERVENE. A PARTY TO THE HEARING
MAY APPEAR AND BE HEARD IN PERSON OR BY REPRESENTATIVE AND
MAY EXAMINE AND CROSS-EXAMINE WITNESSES OR PRESENT EVIDENCE.