PARRIS N. GLENDENING, Governor

Ch. 5

(II) AN ENTITY DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION AND A PROPRIETOR OF A RESTAURANT, HOTEL, OR MOTEL DESCRIBED
IN PARAGRAPH (3) OF THIS SUBSECTION MAY RESTRICT OR PROHIBIT SMOKING TO
A GREATER EXTENT THAN REQUIRED BY REGULATIONS ADOPTED UNDER THIS
SUBSECTION.

(D) (1) After a public hearing and with the approval of the Advisory Committee
on Wage and Hour Law, the Commissioner may adopt regulations that are necessary to
carry out Title 3, Subtitle 4 of this article.

(2) Unless the Commissioner provides otherwise, a regulation that the
Commissioner adopts under this subsection takes effect on publication.

[(d)](E) The Commissioner may adopt regulations that set forth the conditions
under which an employer may require an employee to construct, erect, install, maintain,
of repair a line that conducts electricity and that has a nominal voltage exceeding:

(1)     24,940 volts between a pair of conductors; or

(2)     14,400 volts between a conductor and a ground.
5-314.

(a)      [Notwithstanding] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, AND NOTWITHSTANDING any other provision of this subtitle but subject to the
limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article,
the Commissioner may adopt immediately an emergency occupational safety and health
standard that the Commissioner determines is needed to protect employees from the
grave danger of:

(1)     a new hazard; or

(2)     exposure to an agent or circumstance determined to be toxic or
physically harmful.

(b)     An emergency occupational safety and health standard adopted under this
section remains in effect until the earlier of:

(1)     expiration of a period that the Joint Committee on Administrative,
Executive, and Legislative Review sets;

(2)     expiration of a period, not exceeding 6 months, that the Commissioner
sets; or

(3)     replacement of the emergency occupational safety and health standard
by another regulation.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
COMMISSIONER MAY NOT PROPOSE OR ADOPT ANY REGULATION THAT RESTRICTS
THE SMOKING OR POSSESSION OF TOBACCO PRODUCTS IN ANY OF THE FOLLOWING
ESTABLISHMENTS;

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