§ 5-608
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/md/labor-and-employment/5-608·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–608.
(a)Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment.
(1)The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.
(2)Subject to subsection
(c)of this section, a person who violates a regulation adopted under this subtitle:
(i)for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee;
(ii)for a second violation, is subject to a civil penalty of $100; and
(iii)for each subsequent violation, is subject to a civil penalty not less than $250.
(c)The Commissioner may waive a penalty established under subsection
(b)of this section, giving consideration to factors that include:
(1)the seriousness of the violation; and
(2)any demonstrated good faith measures to comply with the provisions of this subtitle.
(d)A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.
(e)An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.
(1)An employee may not:
(i)make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
(ii)in bad faith, bring an action under this subtitle; or
(iii)in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(2)The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph
(1)of this subsection.