S.B. 860                                                  VETOES

[(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,
or 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;

(I) ANY ESTABLISHMENTS OR RESTAURANTS THAT POSSESS AN
ALCOHOLIC BEVERAGE LICENSE ISSUED UNDER ARTICLE 2B OF THE CODE;

(II) BARS;

(III) TAVERNS;

(IV) HOTELS; AND

(V) MOTELS.

(2) THE COMMISSIONER MAY ADOPT REGULATIONS TO PROHIBIT THE
SMOKING OF TOBACCO PRODUCTS IN SPECIFIED AREAS OF AN ESTABLISHMENT
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, PROVIDED THAT THE AREAS
OF THE ESTABLISHMENT WHERE SMOKING IS ALLOWED SHALL;

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