Section 5-209 - Request for inspection by or for employee. - Maryland Statutes

§ 5-209. Request for inspection by or for employee.
 

(a)  Request authorized.- An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that: 

(1) there is imminent danger to an employee; or 

(2) due to a violation of an occupational safety and health standard, there is a threat of physical harm to an employee. 

(b)  Form of request.- To request an inspection, an employee or representative shall sign and submit to the Commissioner or authorized representative of the Commissioner a written notice that describes, with reasonable particularity, the grounds for the notice. 

(c)  Determination of grounds.- On receipt of a notice made in accordance with this section, the Commissioner shall determine whether there are reasonable grounds to believe that imminent danger or a threat exists. 

(d)  Action on request.-  

(1) If the Commissioner determines that there are reasonable grounds, the Commissioner shall conduct an inspection as soon as practical to determine whether the danger or threat exists. 

(2) If the Commissioner determines that there are no reasonable grounds, the Commissioner shall give the person who submitted the request written notice of that determination. 

(e)  Disclosure.-  

(1) Subject to paragraph (2) of this subsection, the Commissioner shall give the employer whose place of employment is to be inspected or an agent of the employer a copy of the notice that requested the inspection, no later than at the time of the inspection. 

(2) On request of the person who submits a notice, the name of the person and the name of each employee to whom the notice refers shall be omitted from the copy of the notice to be given to the employer and from each other record to be disclosed under this title. 
 

[An. Code 1957, art. 89, § 35; 1991, ch. 8, § 2.]