Md. Code Regs. 09.12.91.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.91.07 - Posting of Citations

A. Place of Posting.

(1) Except as otherwise provided by this regulation, upon receipt of a citation issued under the Railroad Safety and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of Maryland, a railroad company shall immediately post the citation, or a copy of it, at or near each place a violation alleged in the citation occurred.

(2) If a citation posted at or near a place of alleged violation would not be readily visible to affected employees, the railroad company shall post the citation in a place or places where it will be readily visible to affected employees.

B. The railroad company shall:

(1) Post the citation or copy unedited; and

(2) Ensure that, while posted, the citation or copy is not altered, defaced, or covered by other material.

C. Duration of Posting.

(1) If the railroad company does not file a notice of intention to contest a citation, the citation shall remain posted for the longer of:

(a) The period until the violation has been abated; or

(b) Three working days.

(2) If the railroad company files a notice of intention to contest a citation, the citation shall remain posted until the Commissioner of Labor and Industry issues a final order:

(a) Vacating the citation; or

(b) Affirming the citation, and the violation has been abated.

D. Contested Citation.

(1) A railroad company that has filed a notice of intention to contest a citation may post a copy of the notice at each location where the citation is posted.

(2) The notice in §D(1) may:

(a) Explain the reasons for the contest; and

(b) Specify the steps that have been taken to abate the violation.

Md. Code Regs. 09.12.91.07

Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 849)