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Terms Used In Maryland Code, LABOR AND EMPLOYMENT 5-602

  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) (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.

(c) (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.