Question 1

Under 1952.9(a), when did the Maryland State Plan receive initial approval?

Accepted Answer

Under §1952.9(a)) the Maryland State plan received initial approval on July 5, 1973. This is the official initial approval date listed in the regulation §1952.9.

Question 2

Under 1952.9(b), when did the Maryland State Plan receive final approval?

Accepted Answer

Under §1952.9(b)) the Maryland State plan received final approval on July 18, 1985. See §1952.9 for the regulatory text.

Question 3

Under 1952.9(c), what compliance staffing benchmarks were approved for Maryland?

Accepted Answer

Under §1952.9(c)) the approved revised compliance staffing benchmarks for Maryland were 36 safety compliance officers and 18 health compliance officers. The section explains these numbers were proposed after a reassessment and then approved on July 18, 1985 (see §1952.9).

Question 4

Under 1952.9(c), why were compliance staffing benchmarks required for Maryland?

Accepted Answer

Under §1952.9(c)) the benchmarks were required because a 1978 Court Order in AFL CIO v. Marshall required establishment of compliance staffing levels necessary for a “fully effective” enforcement program for each State operating an approved State plan. The section documents Maryland’s reassessment and approval process (see §1952.9).

Question 5

Under 1952.9(c), how were Maryland’s revised staffing benchmarks developed and approved?

Accepted Answer

Under §1952.9(c)) Maryland completed a reassessment in conjunction with OSHA in September 1984, proposed revised benchmarks (36 safety and 18 health compliance officers), provided opportunity for public comment and service on the AFL CIO, and had the Assistant Secretary approve the revised staffing requirements on July 18, 1985. See §1952.9 for the official account.

Question 6

Under 1952.9(d), what employers and employees does the Maryland State Plan cover?

Accepted Answer

Under §1952.9(d)) the Maryland State plan covers all private sector employers and employees (with several notable exceptions), and it also covers State and local government employers and employees within the State. For details about the exceptions, see §1952.9 and the Maryland plan information page at http://www.osha.gov/dcsp/osp/stateprogs/maryland.html.

Question 7

Under 1952.9(d), where can I find current information about the exceptions to Maryland’s State Plan coverage?

Accepted Answer

Under §1952.9(d)) the regulation directs readers to the Maryland State Plan web page for current information about exceptions and additional plan details; you can view the plan information at http://www.osha.gov/dcsp/osp/stateprogs/maryland.html. See §1952.9 for the text that points to that resource.

Question 8

Under 1952, what is the general subject of Part 1952?

Accepted Answer

Under Part 1952 the general subject is "Approved State Plans for Enforcement of State Standards," which lists and documents State plans (including Maryland) that are approved for enforcement of occupational safety and health standards. See §1952 for the part heading and context.

Question 9

Under 1952.9, does the record indicate Maryland’s plan went through public comment before final approval?

Accepted Answer

Yes—§1952.9(c)) states that after Maryland proposed revised staffing benchmarks there was an opportunity for public comment and service on the AFL CIO before the Assistant Secretary approved the revised staffing requirements on July 18, 1985. See §1952.9 for details.

Question 10

Under 1952.9(c), what court case is referenced regarding staffing benchmarks and why is it significant?

Accepted Answer

Under §1952.9(c)) the 1978 Court Order in AFL CIO v. Marshall is referenced because it required the establishment of compliance staffing levels (benchmarks) necessary for a "fully effective" enforcement program for each State operating an approved State plan. That court ordered requirement is the basis for Maryland’s staffing benchmark process described in §1952.9.

Question 11

Under 1952.9, how should a Maryland employer or worker verify whether their workplace is covered by the State Plan or exempted?

Accepted Answer

Under §1952.9(d)) the regulation advises consulting the Maryland State Plan details for current information about exceptions and coverage; use the Maryland plan page at http://www.osha.gov/dcsp/osp/stateprogs/maryland.html or contact the Maryland State Plan office for confirmation. See §1952.9 for the reference pointing to that resource.

Question 12

Under the Maryland State Plan materials and the 2007 Letter of Interpretation on bloodborne pathogens, must Maryland employers evaluate bloodborne pathogen exposure even if sewage is involved?

Accepted Answer

Yes—employers must evaluate job tasks to determine whether there is occupational exposure to blood or other potentially infectious materials (OPIM), even when work involves sewage or wastewater. The 2007 Letter of Interpretation explains that the Bloodborne Pathogens Standard (29 CFR 1910.1030) applies based on the presence or reasonably anticipated presence of blood or OPIM, not merely on contact with wastewater; see the interpretation at https://www.osha.gov/laws regs/standardinterpretations/2007 07 30. For Maryland specific coverage questions, consult §1952.9(d)) and the Maryland plan page at http://www.osha.gov/dcsp/osp/stateprogs/maryland.html.

Question 13

Based on the 2004 Letter of Interpretation about spray booths, can an employer substitute a dry chemical extinguishing system for sprinklers in a spray booth?

Accepted Answer

Yes—a dry chemical extinguishing system (or a carbon dioxide system installed to meet OSHA requirements) may be used in place of an automatic sprinkler system for spray booths if it provides an equivalent level of protection and meets the applicable OSHA requirements; see the 2004 Letter of Interpretation at https://www.osha.gov/laws regs/standardinterpretations/2004 08 12 and the related booth requirements discussed in that interpretation. For Maryland employers operating under the Maryland State Plan, review §1952.9 and consult the Maryland State Plan office or state regulations to confirm state specific adoption of federal guidance.

Question 14

Under 1952.9, does the record show Maryland coordinated with federal OSHA on staffing benchmarks?

Accepted Answer

Yes—§1952.9(c)) states Maryland completed a reassessment of staffing levels "in conjunction with OSHA" in September 1984 and then proposed revised benchmarks that were later approved. See §1952.9 for the official statement.

Question 15

Under 1952.9, where in the regulatory history are the Federal Register notices noted for the Maryland plan?

Accepted Answer

Under §1952.9 the regulatory history references appear at the end of the section: [40 FR 25450, June 16, 1975; 80 FR 49906, August 18, 2015]. These citations identify Federal Register entries related to the Maryland State Plan record.

Maryland state plan approval

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