Section 5-314 - Emergency adoption.

§ 5-314. Emergency adoption.
 

(a)  Authority.- Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of: 

(1) a new hazard; or 

(2) exposure to an agent or circumstance determined to be toxic or physically harmful. 

(b)  Duration.- An emergency occupational safety and health standard adopted under this section remains in effect until the earlier of: 

(1) expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets; 

(2) expiration of a period, not exceeding 6 months, that the Commissioner sets; or 

(3) replacement of the emergency occupational safety and health standard by another regulation. 

(c)  Tobacco smoking.- Repealed. 
 

[An. Code 1957, art. 89, § 31; 1991, ch. 8, § 2; 1995, ch. 5; 1997, ch. 14, § 1; 2007, ch. 501, § 1; ch. 502, § 1.]