Skip to main content
Find a Lawyer

Maryland Code, Labor and Employment § 5.5-115

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In this section, “apparatus” means any machinery, device, or equipment or any part of any machinery, device, or equipment.

(b) The Commissioner or authorized representative of the Commissioner shall give written notice to a railroad company or the railroad company's agent in charge of the operation, if, after an inspection or investigation of the railroad, the Commissioner or authorized representative of the Commissioner determines that:

(1) an apparatus violates a health and safety standard adopted under this title; and

(2) there is a substantial probability that death or serious physical harm to an individual or damage to property could result from continued use of the apparatus.

(c)(1) A copy of a notice under subsection (b) of this section:

(i) shall be attached to the apparatus; and

(ii) may not be removed until the apparatus is made safe and each required safeguard is provided.

(2) Except for use that is necessary to repair the apparatus and to provide any required safeguards, the apparatus may not be used while a notice under this section is posted on the apparatus.

(3) Only the Commissioner or authorized representative of the Commissioner may remove the notice.

(d)(1) Any person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.

(2) An action under this subsection shall be brought in the court of competent jurisdiction where the apparatus is located.

(3) In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:

(i) the court gives the Commissioner notice and an opportunity for a hearing; and

(ii) the aggrieved person posts security.

(4) The court shall expedite the hearing of any action brought under this subsection.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 5.5-115 - last updated January 01, 2025 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-5-5-115/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard