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§ 5-602. Labor in confined spaces

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 5. Occupational Safety and Health (Refs & Annos)
Subtitle 6. Miscellaneous Provisions (Refs & Annos)
MD Code, Labor and Employment, § 5-602
§ 5-602. Labor in confined spaces
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Confined space” means a space that, by design:
(i) has limited openings for entry and exit; and
(ii) is subject to:
1. the accumulation of a combustible agent;
2. an accumulation of a toxic agent; or
3. a deficiency of oxygen.
(3) “Confined space” includes:
(i) a basin;
(ii) a bin;
(iii) a degreaser;
(iv) a duct;
(v) a pipeline;
(vi) a pit;
(vii) a sewer;
(viii) a silo;
(ix) a tank that is enclosed or has an open top;
(x) a tub;
(xi) a tunnel;
(xii) a vat;
(xiii) a process vessel; or
(xiv) a reaction vessel.
(4) “Maintenance work” means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work.
Restrictions for part-time or temporary help
(b) A person described in § 5-101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5-101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner:
(1) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or
(2) in accordance with Subtitle 3 of this title, passes an order for a variance.
Notice to Commissioner by subcontractors
(c)(1) This subsection applies only to an employer who is a subcontractor.
(2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner:
(i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and
(ii) within 24 hours after the oral notice, written notice of the maintenance work.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2008, c. 36, § 6, eff. April 8, 2008.
Formerly Art. 89, §§ 29, 32, 33.
MD Code, Labor and Employment, § 5-602, MD LABOR & EMPLY § 5-602
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document