You have a right to a safe and healthful workplace. That's why Congress passed
the Occupational Safety and Health Act of 1970, requiring employers to provide workplaces free
from recognized hazards. Since 1971, the Division of Labor and Industry has been the agency
responsible for Maryland's Occupational Safety and Health Plan. The Maryland Occupational Safety
and Health program, known as MOSH, is the state's OSHA program. MOSH strives to ensure that
Maryland workplaces are safe and healthful through the use of enforcement,
training, and consultation strategies. Safety and
health requirements designed to assure safe and healthful workplaces are set out in the
law and in
standards, which are legally enforceable regulations governing conditions, practices, or
operations. Maryland has adopted the Federal Occupational Safety and Health Standards contained in
Title 29 Code of Federal Regulations, Part 1910 for General Industry, Part 1926 for Construction, and
Part 1928 for Agriculture. Consequently, Maryland employers are not subject to dual sets of standards. In
addition to the federal standards, MOSH has adopted several regulations
unique to Maryland.
- Am I covered by the MOSH Act?
- What are my rights under MOSH?
- What are workers' responsibilities?
- What are employers' responsibilities?
- What can I do if I think my workplace is unsafe?
Am I covered by the MOSH Act?
The MOSH Act covers every Maryland employer in a business, trade, commercial or industrial activity,
who has one or more employees, including State and local governments. The Act does not affect
workplaces covered under certain other laws such as the Atomic Energy Act, the Federal Mine Safety and
Health Act, and the Longshoremen's and Harbor Workers' Compensation Act. The MOSH Act does not apply to
working conditions of employees of the federal government or any agency or instrumentality of a federal
government agency. Those workers are covered under the Federal OSHA program.
What are my rights under MOSH?
The MOSH Act grants workers important rights. Workers have a vital role to play in identifying
and correcting problems in their workplaces, working with their employers whenever possible.
Often, employers will promptly correct hazardous conditions called to their attention. But
workers also can complain to MOSH about workplace conditions threatening their health or safety.
They can file complaints in person, by telephone, by fax or by mail.
What are workers' responsibilities?
MOSH requires workers to comply with all safety and health standards that apply to their actions
on the job. Employees should:
- Read the MOSH poster.
- Follow the employer's safety and health rules and wear or use all required gear and equipment.
- Report hazardous conditions to a supervisor or safety committee.
- Report hazardous conditions to MOSH, if employers do not fix them.
- Cooperate with MOSH inspectors.
What are employers' responsibilities?
The MOSH Act requires employers to provide each employee of the employer with employment and a
place of employment that are safe and healthful; and free from each recognized hazard that is
causing or likely to cause death or serious physical harm to the employee. Employers'
responsibilities also include providing training, medical examinations and recordkeeping.
What can I do if I think my workplace is unsafe?
If you believe working conditions are unsafe or unhealthful, you first should bring the
conditions to your employer's attention, if possible. Your employer may want to contact MOSH in
order to gather information about how to improve working conditions.
If your employer does not correct the hazard or disagrees
with you about the extent of the hazard, you may file
a complaint with MOSH. Meanwhile, stay at the worksite, but away from the hazard.
You have the right to file a complaint with MOSH if you believe there may be a violation of
an OSHA standard or a serious safety or health hazard at work. You may request that your name not
be revealed to your employer.
If there is an emergency or the hazard is immediately life-threatening,
Department of Labor, Licensing and Regulation
Division of Labor and Industry
Maryland Occupational Safety and Health (MOSH)
10946 Golden West Drive
Hunt Valley, MD 21031