Section 5-602 - Work in confined spaces. - Maryland Statutes

§ 5-602. Work in confined spaces.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Confined space" means a space that, by design: 

(i) has limited openings for entry and exit; and 

(ii) is subject to: 

1. the accumulation of a combustible agent; 

2. an accumulation of a toxic agent; or 

3. a deficiency of oxygen. 

(3) "Confined space" includes: 

(i) a basin; 

(ii) a bin; 

(iii) a degreaser; 

(iv) a duct; 

(v) a pipeline; 

(vi) a pit; 

(vii) a sewer; 

(viii) a silo; 

(ix) a tank that is enclosed or has an open top; 

(x) a tub; 

(xi) a tunnel; 

(xii) a vat; 

(xiii) a process vessel; or 

(xiv) a reaction vessel. 

(4) "Maintenance work" means cleaning, inspection, maintenance, painting, repair, servicing, or other similar work. 

(b)  Restrictions for part-time or temporary help.- A person described in § 5-101(d)(2)(ii) or (iii) of this title may not allow or cause an individual described in § 5-101(c)(2)(iii) or (iv) of this title to do maintenance work in a confined space, unless the Commissioner: 

(1) grants written authorization based on a satisfactory showing that work practices in effect will protect the health and safety of the individual; or 

(2) in accordance with Subtitle 3 of this title, passes an order for a variance. 

(c)  Notice to Commissioner by subcontractors.-  

(1) This subsection applies only to an employer who is a subcontractor. 

(2) Each subcontractor who, under an original contract or subcontract, is to do maintenance work in a confined space shall give the Commissioner: 

(i) at the commencement of the maintenance work, oral notice of the maintenance work to be performed; and 

(ii) within 24 hours after the oral notice, written notice of the maintenance work. 
 

[An. Code 1957, art. 89, §§ 29, 32, 33; 1991, ch. 8, § 2; 2008, ch. 36, § 6.]