PARRIS N. GLENDENING, Governor                            H.B. 259

always preferable. Maryland's MOSH program is valued by employers and employees
throughout the State. Maryland is permitted to operate its own occupational safety and
health program because it has received approval from the Occupational Safety and
Health Administration (OSHA) to do so. This approval means that MOSH, rather than
OSHA, is the agency responsible for adopting and enforcing occupational safety and
health regulations in Maryland. Obtaining and retaining approval to operate a State plan
is, however, contingent upon the State plan being and remaining at least as effective as
the program operated by OSHA. OSHA has already indicated in writing that the penalty
provisions in this bill render Maryland's program less effective than that of OSHA, and
that it would have "no alternative but to institute a proceeding...to withdrawal approval of
the Maryland State Plan."

The General Assembly expressly sought to avoid this outcome. Section 2 provides that if
implementation of any part of the bill "would result in the loss of the authority of the
State...to administer a State occupational safety and health program, [they] shall be
abrogated and of no further force and effect." While it can be argued that this provision
adequately protects the State's interest in retaining the MOSH program, it is wasteful of
State and federal resources to knowingly trigger a process which is likely to have an
adverse outcome, and which the Legislature sought to avoid.

Furthermore, vetoing this bill will avoid the substantial problems that could occur during
the withdrawal process. For example, OSHA could assert concurrent jurisdiction with
MOSH over Maryland employers. Subjecting employers to concurrent jurisdiction is
certain to lead to confusion and frustration. Although MOSH would still have
enforcement authority, (and hence the abrogation provision of the bill would not
operate), OSHA could issue penalties for the violations covered by this bill. Loss of
federal funding could also result.

In conclusion, our MOSH program is valued by both employers and labor. According to
the Commission of Labor, Maryland has the third lowest incident/illness rate in the
nation. MOSH works diligently to save lives and prevent occupational injuries and illness
through consultation, training and employment. If OSHA itself adopts penalty relief
provisions, which the Labor Commissioner has been advised OSHA is considering, I
would look forward to signing into law a bill that provides common sense regulatory relief
so long as worker safety and health are not compromised.

For these reasons, I have vetoed House Bill 259.

Sincerely,

Parris N. Glendening

Governor

May 22, 1995

The Honorable Parris N. Glendening

Governor of Maryland

State House

Annapolis, Maryland 21401

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