Worker Rights and Responsibilities - Maryland Occupational Safety and Health (MOSH)

The MOSH Act requires each employer to provide its employees with employment and a safe, healthful place, free from recognized hazards that are likely to cause death or serious physical harm to its employees.

This law gives workers certain rights:

• The right to exercise the rights provided under the MOSH Act, and the right to seek redress if discharged or otherwise discriminated against for exercising those rights;

• The right to file with the Commissioner of Labor and Industry a written request for inspection of a place of employment if the employee believes that there is an imminent danger to an employee, or that because of a violation of an occupational safety and health standard, there is a threat of physical harm to an employee;

• The right to choose a representative to accompany a MOSH inspector during an inspection;

• The right to have all citations posted so employees will know of any violations found by a MOSH inspector;

• The right to obtain an informal review by the Commissioner for any refusal to issue a citation after the employee has notified the Commissioner in writing of an alleged violation;

• The right to participate as an affected employee in a hearing contesting a citation or proposed penalty, and the right to contest as unreasonable the period allowed for abatement of a violation;

• The right to participate in the regulations adoption process by offering evidence and comments on proposed standards;

• The right to court appeal on grounds that the Commissioner’s action in setting a standard is not based on substantial evidence;

• The right to participate in a hearing on an employer’s request for a variance from a regulation;

• The right to bring a mandamus action to compel the Commissioner to enjoin or restrain an imminent danger situation;

• The right, under certain standards, to copies of chemical information lists and material safety data sheets or other appropriate forms of warning to alert employees to the hazards to which they are exposed;

• The right, under certain standards, to appropriate protective equipment;

• The right, under certain standards, to observe the monitoring of toxic materials or harmful substances and to have access to records or monitoring; and,

• The right, under certain standards, to medical examinations and tests and access to records of the results.

Worker  Responsibilities:

• Adhere to the safety and health regulations relevant to the job. It is the employer's responsibility to inform employees of these rules and provide training.

• Employees should wear any personal protective equipment (PPE) required by the employer.

• Report any safety or health hazards to the supervisor or the safety committee.

• Immediately notify the supervisor or a safety committee member of any workplace injury or illness.

• Ensure that safety devices and warning signs remain in place, and use the appropriate safeguards and equipment when exposed to hazards.

• Assist and cooperate with Safety and Health Compliance Officers when they visit employee’s workplace