MOSH Standard Notice 02-4 - MOSH Standard Notices

A.   Background

1. On June 5, 2001, the Commissioner of Labor and Industry adopted new Regulations .01 - .03 under a new chapter, COMAR 09.12.25 Maryland Occupational Safety and Health - Fall Protection in Steel Erection.
    
2. The Commissioner of Labor and Industry repealed the following provisions, which were previously incorporated by reference under COMAR 09.12.31, from Title 29 of the Code of Federal Regulations: 29 CFR 1926.500(a)(2)(iii), 1926.500(a)(3)(iv), and 1926.500(a)(4).
    
3. On August, 27, 2002, the Commissioner of Labor and Industry repealed existing Regulation .01 - .03 and adopted new Regulations .01 - .02 under COMAR 09.12.25 Maryland Occupational Safety and Health – Fall Protection in Steel Erection (See Attachment ).
    
4. The Commissioner of Labor and Industry repealed the incorporation by reference of the following portions of a corresponding federal standard found in Z-1 at COMAR 09.12.31:
    
1. With the exception of 29 CFR §§1926.500(a)(2)(iii), 1926.500(a)(3)(iv) and 1926.500(a)(4), all amendments and revisions to Subpart M, 29 CFR §§1926.500 - 1926.503, including nonmandatory Appendices A - E, and related amendments and revisions to 29 CFR §§1910.169(g)(2)(i); 1926.104; 1926.753; 1926.105; 1926.107(b), (c) and (f); 1926.250(b)(2); 1926.550(c)(2) and (g)(4)(i)(C); 1926.651(l); 1926.701(f)(2); and 1926.951(b)(4)(i), that appear in the Federal Register on August 9, 1994 (59 FR 40729 - 40753) are adopted by reference; Effective date: January 30, 1995 (22:2 Md. R. 77); Fall protection requirements in steel erection are provided for in COMAR 09.12.25; and
    
2. All amendments and revisions to 29 CFR Part 1926, Subpart E that appeared in the Federal Register on August 2, 1995 (60 FR 39255) which were adopted by reference, effective date: January 15, 1996 (23:1 Md. R. 24);
    
5. Adopted through incorporation by reference in Z-1 at COMAR 09.12.31 Maryland Occupational Safety and Health Act the revised corresponding federal standard, Part 1926 - Safety and Health Regulations for Construction, Subpart R - Steel Erection: 29 CFR §§1926.750 - 761, including Appendix A - H (January 18, 2001), effective July 18, 2001, to the extent they are consistent with the amended regulation.

B.  Action

1. MOSH Compliance personnel will enforce the adopted changes as provided in Attachment A.
    
2. MOSH Supervisors will hold appropriate training sessions in each region to review the standard’s requirements.

cc: Commissioner Kenneth P. Reichard
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings