Md. Code, Labor and Employment § 5.5–112

(a) The Commissioner shall allow variances in accordance with this section.

(b) Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.

(c) After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:

(1) that action is necessary to prevent undue operational or economic hardship; or

(2) (i) existing conditions prevent practical compliance; and

(ii) the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.