§ 5-205. General powers and duties
West's Annotated Code of MarylandLabor and EmploymentEffective: May 30, 2021
Effective: May 30, 2021
MD Code, Labor and Employment, § 5-205
§ 5-205. General powers and duties
(a) To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may:
(b)(1) To administer or enforce this title, the Commissioner or an authorized representative of the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records.
(2) If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner or an authorized representative of the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony.
(c) After consultation with other appropriate units, the Commissioner shall conduct:
(d) The Commissioner shall:
(e) After consultation with other appropriate units, the Commissioner shall conduct demonstrations, experiments, and research that relate to:
(f) On the basis of demonstrations, experiments, research, and other available information, the Commissioner shall develop criteria for exposure to toxic materials and harmful physical agents at levels that are safe for various periods of employment, including levels at which no employee will suffer impaired health or functional capacity or diminished life expectancy as a result of work experience.
(g) The Commissioner shall:
(h) With the consent of a governmental unit, the Commissioner may use an employee, facility or service of the governmental unit, with or without reimbursement, to help the Commissioner carry out a function under this title.
(i)(1) The Commissioner shall inspect, investigate, and review work practices and work sites of each employer and industry for evidence of excessive safety violations based on information made available by the Workers' Compensation Commission under § 9-707 of this article.
(j) Whenever the Commissioner has reason to believe that a person has violated any provision of this title for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to the State's Attorney of the county where the violation allegedly occurred or the person resides.
(k) The Commissioner shall:
(l) On behalf of the Commissioner, the Safety Engineering and Education Service shall:
(m) In addition to any duties set forth elsewhere, each safety inspector shall be responsible for enforcement of safety codes in construction and any other hazardous industry in the State.
(n) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner's authority under the provisions of this title, the Commissioner has reason to believe that a health care provider required under the Health Occupations Article to comply with the Centers for Disease Control and Prevention's guidelines on universal precautions is not complying with those provisions, the Commissioner shall refer that suspected violation to the health care provider's licensing board.
(o)(1) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner's authority under the provisions of this title, the Commissioner has reason to believe that an employee or member of the medical staff involved in patient care services of the hospital, related institution, freestanding medical facility, or freestanding birthing center is not complying with the Centers for Disease Control and Prevention's guidelines on universal precautions, the Commissioner shall refer that suspected violation to the chief executive officer of the hospital, related institution, freestanding medical facility, or freestanding birthing center.
(2) In addition to any other authority the Commissioner may exercise under this title, if, as a result of the exercise of the Commissioner's authority under the provisions of this title, the Commissioner has reasons to believe that a hospital, related institution, freestanding medical facility, or freestanding birthing center is demonstrating a willful and systematic disregard for the Centers for Disease Control and Prevention's guidelines on universal precautions, the Commissioner shall refer that suspected violation to:
Credits
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 154, § 1; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2015, c. 22, § 1, eff. April 14, 2015; Acts 2017, c. 62, § 6; Acts 2019, c. 8, § 5; Acts 2021, c. 736, § 1, eff. May 30, 2021.
Formerly Art. 89, §§ 30, 44, 49.
MD Code, Labor and Employment, § 5-205, MD LABOR & EMPLY § 5-205
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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