Employer Rights and Responsibilities After a MOSH Inspection - Maryland Occupational Safety and Health (MOSH)
After an MOSH inspection, it’s important to understand what happens next and how it impacts you and your organization. This guide helps outline the steps, topics the MOSH inspector may cover during the closing conference, and your rights and responsibilities as an employer.
The Closing Conference: During the closing conference, the MOSH inspector will present any apparent violations of MOSH standards identified during the inspection. The inspector will cover:
- The details of each alleged violation
- Actions that can be taken to address the alleged violation
- Abatement deadlines that may need to be met
To help reduce the risk of employee exposure to hazards, it is recommended that abatement efforts begin as soon as possible.
Important Next Steps:
Below is a summary of the rights and responsibilities after receiving the citation packet.
Responsibilities:
- Post the Citation – You must inform employees about hazards to which they may be exposed by posting the citation until the violation(s) cited have been abated, or for three work days (excluding weekends and State holidays), whichever is longer.
- Comply with the Citation – You must correct each hazard by the date set in the citation.
- Verify Abatement – You must certify that each cited violation has been abated within the timeframe set forth on the citation.
- Abatement Documentation – You must provide abatement documents for required citations: serious, willful, repeat, and failure to abate. Documentation can include receipts, purchase orders, photographic or video evidence, written programs, training records, or other evidence.
- Inform Employees – You must inform affected employees about abatement by posting a copy or summary of the document submitted.
- Pay the Penalty – Penalties are due within 15 working days of receipt of this notification unless CONTESTED. Make your check or money order payable to the “Division of Labor & Industry/MOSH.” Payment can also be made by credit card. The payment must include the case number and inspection number.
Mail checks or money order to:
Division of Labor & Industry/MOSH
P.O. Box 37300
Baltimore, MD 21297
Make Credit card payment
*All credit card transactions will be assessed a 2.45% service fee
Your Rights:
- Request Informal Conference: You may request an informal conference within 15 working days of receipt of the packet. You may use this opportunity to discuss the informal settlement of the case, potential methods of abatement to correct an alleged violation of MOSH standards, ask questions about a proposed penalty, discuss the proposed abatement date, issues concerning employee safety practices, and any other related questions you may have.
- Request Additional Time to Abate: You may request the abatement date be extended if you have made a good faith effort to comply with the abatement requirements of the citation, and factors beyond your reasonable control prevent you from meeting the abatement date. A petition of modification of abatement date must be filed in writing with the Assistant Commissioner for MOSH no later than the close of the next work day following the date on which abatement was originally required.
- File a Notice of Contest: You have a right to contest a citation and/or proposed penalty or both. You must notify the Assistant Commissioner for MOSH in writing and it must be received or postmarked within 15 working days of receiving the citation. Work days are Monday through Friday, excluding State holidays.
Please be sure to read the entire Citation Packet