§ 5-602
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/md/labor-and-employment/5-602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–602.
(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)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.
(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.