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MOSH Standard Notice 02-2 (Revised) - MOSH Standard Notices

TO: All MOSH Personnel
 
FROM: Cheryl Kammerman, Assistant Commissioner
 
SUBJECT: Adoption and Enforcement of Revisions to MOSH Regulations for Employee Injury and Illness Records and Reports COMAR 09.12.21; 29 CFR 1904 and 1952 Occupational Injury and Illness Recording and Reporting Requirements
 
CANCELLATIONS: MOSH Standards Notice 94-14; MOSH Standards Notice 96-2; MOSH Standards Notice 02-2 dated April 2, 2002
 
EFFECTIVE DATE: February 12, 2002 through May 13, 2002 (Emergency Action)
May 13, 2002 (Final Action)
 
DATE: May 10, 2002

A.   Background

  1. Effective July 5, 1993, the Commissioner of Labor and Industry adopted recodification of MOSH Regulations, COMAR 09.12.20, 09.12.21 and 09.12.22.
     
  2. On January 19, 2001, OSHA issued a final rule amending its occupational safety and health regulations relating to recording and reporting of occupational injuries and illnesses (29 CFR Parts 1904 and 1952). This final rule produces more useful injury and illness records, collects better information about the incidence of occupational injuries and illnesses on a national basis, promotes improved employee awareness and involvement in the recording and reporting of job related injuries and illnesses, and simplifies the injury and illness recordkeeping system for employers.
     
  3. Effective February 12, 2002, the Joint Committee on Administrative, Executive, and Legislative Review granted emergency status to the repeal of existing Regulation .19 under COMAR 09.12.20 Occupational Safety and Health and the repeal of existing Regulation .01 - .10 and the adoption of new Regulations .01 - .04 under COMAR 09.12.21 Employee Injury and Illness Records and Reports.
     
  4. On April 23, 2002, the Commissioner of Labor and Industry repealed Regulation .19 under COMAR 09.12.20 Occupational Safety and Health, and repealed Regulations .01 — .10 and adopted new Regulations .01 — .04 under COMAR 09.12.21 Employee Injury and Illness Records and Reports. This action includes the adoption through incorporation by reference, with certain limited exceptions, of revisions under 29 CFR 1904 and 1952 on Occupational Injury and Illness Recording and Reporting Requirements; Final Rule (January 19, 2001).

B.  Action

  1. MOSH will issue citations for alleged violations of the recordkeeping regulation adopted under 29 CFR 1904 and 1952.  Citations were not issued for alleged violations of the recordkeeping regulation during the first 78 days after February 12, 2002 (until May 1, 2002), provided the employer in good faith tried to meet its recordkeeping obligations and agreed to make the corrections that were necessary to be in compliance.
     
  2. MOSH Compliance personnel will enforce the adopted changes as provided in Attachment A

    MOSH Supervisors will hold appropriate training sessions in each region to review the regulation&'s requirements.