Maryland — Workplace Safety

Maryland operates an OSHA-approved state plan—the Maryland Occupational Safety and Health (MOSH) program—administered by the Division of Labor and Industry. MOSH received its initial federal approval on July 5, 1973, and final approval on July 18, 1985. Under 29 C.F.R. § 1902.3(c), every approved state plan must adopt and enforce standards "at least as effective as" federal OSHA, and MOSH is bound by this standard (source below).

MOSH jurisdiction: MOSH covers most private sector workplaces in Maryland and all state and local government employers. MOSH standards and enforcement apply throughout Maryland except where the federal government reserves exclusive authority.

Federal OSHA carveouts as of April 27, 2026: Under the Final Approval Determination published in the Federal Register (91 FR 22549, April 27, 2026), federal OSHA retains parallel or exclusive jurisdiction in three contexts:

1. Employment at private sector worksites located on federal property or land leased by the federal government where federal employees are regularly present. (This covers, for example, private contractors performing work in active federal buildings or enclaves.)
2. Federal government-owned, contractor-operated (GOCO) facilities. (These are sites owned by the federal government but operated by private employers under contract.)
3. Federal property under construction, only as defined by the terms in the Federal Register determination—generally, construction sites where the federal government maintains authority and federal employees are present or the site is subject to direct federal jurisdiction.

These three categories mirror the carveouts specified on the record. MOSH does not cover these work environments, and employers with activities in these spaces should refer directly to federal OSHA and the Federal Register notice for nuanced definitions. As always, federal OSHA also retains jurisdiction over federal government employers, maritime employment (shipyards, marine terminals, longshoring), U.S. Postal Service contract operations, and aircraft cabin crewmembers.

Source: Federal Register, Maryland State Plan; Final Approval of State Standard; Jurisdiction Retained by Federal OSHA, 91 FR 22549 (April 27, 2026) Source: 29 C.F.R. § 1902.3(c)

Maryland MOSH requires employers to report workplace fatalities and certain severe injuries directly to the agency within tight deadlines. These reporting obligations are distinct from the routine injury and illness recordkeeping requirements. MOSH has adopted the federal recordkeeping and reporting framework under COMAR 09.12.21, which incorporates 29 C.F.R. § 1904 by reference. The severe-injury and fatality reporting requirements in 29 C.F.R. § 1904.39 therefore apply to Maryland employers under MOSH jurisdiction.

Fatality reporting. All employers covered by MOSH must notify the agency when an employee is killed on the job. The fatality must be reported within 8 hours of the death or the employer becoming aware of a work-related death.

Hospitalization of three or more workers. If a single work-related incident results in the inpatient hospitalization of three or more employees, MOSH must be notified within 8 hours.

Amputation, eye loss, and single-worker hospitalization. An employer must report within 24 hours if a work-related incident causes an in-patient hospitalization, an amputation, or an eye loss. Under the federal standard incorporated by MOSH, an amputation is the traumatic loss of a limb or other external body part where bone or cartilage is lost. Eye loss means the physical removal of the eye or permanent loss of sight in the eye.

Reporting mechanism. As of May 2026, MOSH instructs employers to report during normal business hours by calling 410-527-4499. After hours, weekends, and holidays, employers must call the 24-hour hotline at 1-888-257-6674. These phone lines are the primary reporting channel for incidents under MOSH jurisdiction.

These reporting deadlines apply to all covered employers, including those with fewer than 11 employees who are otherwise exempt from routine OSHA recordkeeping under the partial exemption in 29 C.F.R. § 1904.1. A work-related fatality, hospitalization of three or more workers, in-patient hospitalization of one worker, amputation involving bone or cartilage loss, or eye loss must be reported to MOSH even if the employer does not maintain an OSHA 300 Log.

MOSH has adopted 29 C.F.R. § 1904 through COMAR 09.12.21 Employee Injury and Illness Records and Reports. The most recent adoption action referenced on the MOSH website occurred in April 2002, with subsequent updates; in March 2026, the Division of Labor and Industry proposed amendments to require all public bodies to comply with the 29 C.F.R. § 1904 recording and reporting requirements regardless of size or industry, pursuant to the Davis Martinez Public Employee Safety and Health Act of 2025 (SB 26/HB 176). The severe-injury and fatality reporting obligations described above apply immediately to all private-sector and state/local government employers within MOSH coverage.

Source: Maryland Occupational Safety and Health (MOSH) — Division of Labor and Industry

Maryland’s Heat Illness Prevention Standard (COMAR 09.12.32), effective September 30, 2024, imposes specific requirements on all employers in Maryland with employees working indoors or outdoors when the heat index (temperature + humidity) is at or above 80°F, subject to certain exclusions (notably, the rule does not apply to emergency operations directly related to firefighting or to exposures of less than 15 minutes; see COMAR 09.12.32.02 for complete scope and carveouts).

Written Heat Illness Prevention Plan — § .04 Employers must develop, implement, and maintain a written Heat-Related Illness Prevention and Management Plan that is:

• "Readily accessible to all employees at the worksite and available to MOSH upon request" (COMAR 09.12.32.04(C)).
• The plan must include procedures for:
• Providing potable drinking water that is cool and readily accessible (COMAR 09.12.32.04(D)(2); .06);
• Recognizing and responding to heat illness symptoms;
• Implementing acclimatization for new/returning workers (see below);
• Providing rest breaks and access to shade or alternative cooling measures (.04(D)(7), .06);
• Implementing high-heat procedures (see below);
• Emergency response (.09);
• Training employees and supervisors (.10).

Acclimatization — § .07 For employees newly assigned to high-heat work or returning after 7+ days, employers must have written procedures to gradually increase exposure over up to 14 consecutive days. These employees must be observed (directly or through communication) during the acclimatization period (COMAR 09.12.32.07).

Water, Shade, and Cooling — §§ .04(D)(2), .06

• Employers must provide cool, potable drinking water at no cost, located as close as practicable, so each exposed employee has at least 32 ounces/hour available throughout the work period—not only at the start of the shift (COMAR 09.12.32.04(D)(2); .06(A)).
• Rest breaks must be permitted in shaded areas or, where infeasible, in an alternative cooling environment (e.g., air-conditioned space; .06).

High-Heat Procedures (Heat Index ≥ 90°F) — § .08 When the heat index is at or above 90°F:

• Employers must ensure minimum, clearly scheduled rest periods:
• 90°F–<100°F: 10 minutes every two hours;
• ≥100°F: 15 minutes every hour;
• Alternatively, a work-rest schedule per the latest NIOSH recommendations may be used (COMAR 09.12.32.08(B)-(C)).
• Rest must be taken in required shaded or alternative cooling area, and communication/monitoring is required for exposed employees (.08(E)-(F)).
• Employers using alternative cooling or control methods must document those in writing—they may only substitute for the rest schedule if demonstrably equivalent per the reg.

Emergency response plan — § .09 A separate, written emergency plan is required for heat illness, covering rapid response procedures, communication, and care/transport of affected individuals (COMAR 09.12.32.09).

Training — § .10 Employers must train all employees and supervisors before initial heat exposure, annually, and after any heat-illness incident. Training must cover the written plan, symptom recognition, emergency procedures, acclimatization, and reporting obligations. Records must be retained for at least one year and furnished to MOSH on request (COMAR 09.12.32.10).

Source: COMAR 09.12.32.04 Source: COMAR 09.12.32.06 Source: COMAR 09.12.32.07 Source: COMAR 09.12.32.08 Source: COMAR 09.12.32.09 Source: COMAR 09.12.32.10

Maryland employers covered by the Maryland Occupational Safety and Health (MOSH) program are required to follow the recordkeeping rules laid out in federal OSHA's 29 C.F.R. Part 1904, as adopted without substantive modification by COMAR 09.12.21.01. MOSH does not currently use Maryland-specific injury and illness recordkeeping forms or require a separate state portal: employers use the same OSHA 300, 301, and 300A forms required under federal rule.

Who must keep records? Most Maryland private-sector employers with 11 or more employees at any point in the year must keep an OSHA 300 Log, 301 Incident Reports, and an annual 300A Summary. Low-hazard industries, listed in Appendix A to 29 C.F.R. § 1904.2, are generally exempt unless specifically required by MOSH. Public sector (state/local government) employers are also covered unless a carved-out exception is adopted—unable to confirm Maryland-specific carveouts as of 2026-06-16.

What gets recorded? All work-related fatalities, injuries, or illnesses that result in death, days away from work, restricted work or transfer, loss of consciousness, or a healthcare professional’s diagnosis of a significant work-related condition must be recorded. There are specific rules for needlesticks, hearing loss, tuberculosis, and other select conditions set out in 29 C.F.R. §§ 1904.4–1904.11, all of which are in force in Maryland.

Annual summary posting (Form 300A): The annual OSHA 300A Summary must be completed, certified by a company executive, and posted from February 1 to April 30 each year wherever employee notices are normally placed—even if the business had zero recordable cases. Electronic submission is also required for some establishments per the criteria and schedule in federal OSHA rules, and Maryland does not require an alternative state system or form as of the current date.

Retention and employee access: Records (300, 301, 300A) must be retained for five years after the year they cover. During retention, logs must be updated to reflect newly discovered or changed cases. Employees, former employees, and their designated representatives have a right to access these records promptly upon request, as detailed in 29 C.F.R. § 1904.35 and .40. No Maryland-specific process is published as of 2026-06-16; the federal access and promptness rules apply.

Source: COMAR 09.12.21 (adopts 29 C.F.R. Part 1904) Source: 29 C.F.R. Part 1904

The Davis-Martinez Public Employee Safety and Health Act of 2025 (SB 26/HB 176, effective October 1, 2025) significantly reforms public-sector occupational safety enforcement in Maryland.

1. Public Employees’ Safety and Health Unit in MOSH (§ 5-206): The Act establishes the Public Employees’ Safety and Health Unit (the “Unit”) within the Maryland Occupational Safety and Health program. The Unit is tasked with coordinating, administering, and enforcing occupational safety and health programs specifically for state and local public employees. It must develop and oversee a self-inspection program for public bodies. Source: Md. Lab. & Emp. § 5-206(a)-(e)

2. Enhanced Citation and Penalty Authority for Public Employers: Effective October 1, 2025, public sector employers (state/local agencies) are explicitly subject to MOSH inspection, citation, and penalty authority. MOSH must serve citations on the public body, its chief executive officer, and its legislative body, and must ensure affected employees receive notice of violations. Fines and penalties may apply for violations, mirroring private-sector accountability. Source: Md. Lab. & Emp. § 5-206(f)-(h); MOSH Quick Reference Sheet

3. Annual Public Reporting Requirement: Each year by July 1, the Unit must submit an online report to the General Assembly covering its activities for public bodies, adopted or proposed regulations, trends and issues, all hazards identified, and citations issued to public employers. Source: Md. Lab. & Emp. § 5-206(i); MOSH Quick Reference Sheet

4. Mandate for MOSH to Adopt Workplace Violence Prevention Standard: The Act directs that MOSH issue a workplace violence prevention regulation for public employers by October 1, 2026. Development of the rule requires input from stakeholders, experts, and the public. This is a new obligation confirmed in the statute and restated in MOSH official publications. Source: MOSH Quick Reference Sheet

These requirements represent a major expansion of Maryland public-sector safety law. Employers and safety professionals in state and local government should review all obligations under § 5-206 and monitor MOSH for forthcoming workplace violence rules. Source: Md. Lab. & Emp. § 5-206 Source: MOSH — 2025 Davis-Martinez Act Quick Reference Sheet