{"data":{"id":"us-md/md.-code-labor-and-employment-5-608","jurisdiction":"us-md","citation":"Md. Code, Labor and Employment § 5–608","heading":"","body":"(a) Except as provided in § 24–505 of the Health – General Article, an individual may not smoke in an indoor place of employment.\n(b) (1) The Department shall adopt regulations that prohibit environmental smoke, as defined in § 24–501 of the Health – General Article, in indoor places of employment not normally open to the general public.\n(2) Subject to subsection (c) of this section, a person who violates a regulation adopted under this subtitle:\n(i) for a first violation, shall be issued a written reprimand by the Commissioner or the Commissioner’s designee;\n(ii) for a second violation, is subject to a civil penalty of $100; and\n(iii) for each subsequent violation, is subject to a civil penalty not less than $250.\n(c) The Commissioner may waive a penalty established under subsection (b) of this section, giving consideration to factors that include:\n(1) the seriousness of the violation; and\n(2) any demonstrated good faith measures to comply with the provisions of this subtitle.\n(d) A penalty collected by the Commissioner under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.\n(e) An employer who discharges or discriminates against an employee because that employee has made a complaint under this section, has given information to the Department in accordance with this section, has caused to be instituted or is about to cause to be instituted a proceeding under this section, or has testified or is about to testify in a proceeding, shall be deemed in violation of this section and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.\n(f) (1) An employee may not:\n(i) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;\n(ii) in bad faith, bring an action under this subtitle; or\n(iii) in bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.\n(2) The Commissioner may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.","path":["Article - Labor and Employment"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle\u0026section=5-608","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:38Z","sha256":"186c7dd46a959ba00b184b93abf4a4f61041b6577bb7015810f5904f86f97794","source_id":"us-md","stale":false,"prev":"us-md/md.-code-labor-and-employment-5-606","next":"us-md/md.-code-labor-and-employment-5-701"},"notice":"GroundRules: Original legal text. Not legal advice."}