General Background and Legal Authority

	

History

The Bureau of Labor and Industry, now known as the Bureau of Labor
Standards, was established in 1873 as an activity of the Secretary of
State. In 1971, Title 26 of the Maine Revised Statutes was enacted
defining the power and duties of the Director of the Bureau of Labor
Standards under Chapter 3, Subsection 42.  Chapter 6, Subsection 565
defines the powers and duties of the Board of Occupational Safety and
Health and states that the Board shall formulate rules that will, at a
minimum, conform to federal standards of occupational safety and health,
so that the state program could eventually be approved as a State and
Local Government Only State Plan. Since 1971, the Maine Department of
Labor, Bureau of Labor Standards, Workplace Safety and Health Division,
has adopted standards and performed inspections in the public sector
(State, county, and municipal employees) as outlined under the
provisions of the State's existing enabling legislation.

Existing Legal Basis

The basic legislation is in place and is included in Title 26 of the
Maine Revised Statutes. 

The Maine statutes establish the Bureau of Labor Standards and its
duties, complaint inspection procedures, nondiscrimination requirements,
methods of compelling compliance, the review system for contested cases,
employee access to information, prohibited actions and sanctions,
inspection scheduling and the voluntary compliance program.  The
statutes include the employer’s and employees’ duties, recordkeeping
requirements, adoption of the federal Occupational Safety and Health
Administration (OSHA) standards and variances from rule requirements.  

In 2012, Maine began working on a State and Local Government Only State
Plan and submitted a draft Plan to OSHA in February of 2013. OSHA’s
review findings were detailed in various memoranda and other documents.
OSHA determined that the Maine statutes, as structured, and the proposed
State Plan necessitated minor changes in order to meet the State and
Local Government Only State Plan approval criteria in 29 CFR 1956.
Amendments to Maine Revised Statutes, Title 26 were proposed and enacted
by the Maine Legislature and signed into law by the Governor in 2014. 
The amended legislation provides the basis for establishing a
comprehensive occupational safety and health program applicable to the
state and local government employees in the state.

Employee Coverage 

The Maine State Plan will cover public sector employees throughout the
state.  A public employee is defined as a person, including a minor
whether lawfully or unlawfully employed, who is employed or permitted to
work by the state, a state agency, county, municipal corporation, and
school district.  Volunteers under the direction of a public employer or
other public corporation or political subdivision will also be covered. 

Employees covered, as of December 2014: 



      State Employees –                  23,169

Volunteers –                            unknown number

County Employees –

Municipal Employees – 

University System –  

College System –                    58,267

Public Schools – 

Quasi-State Agencies –          ______

TOTAL                        81,436 plus volunteers



3.  NAICS Code

State Agencies

610000

620000

621000

622000

623000

624000

921000

922000

922120

922140

483114

541712

Municipal Government

220000

221300

237000

562000

610000

620000

713900

921000

922000

922120

922160	

Description

Educational Services

Health & Social Service

Ambulatory Health Care Services

Hospitals

Nursing & Residential Care Facilities

Social Assistance

Executive, Legislature & Other

General Government Support Justice

Public Order & Safety

Police Protection

Correctional Facilities

Ferry Service

State Owned Farms

Utilities

Water, Sewage & Other Systems

Public Works – Street & Highway

Waste Management & Remediation Services

Educational Services

Health Care – Social Services

Parks & Recreation Industries

Executive, Legislative & Other general Government Support

Justice, Public Order & Safety

Police Protection

Fire Protection



The definition of public employee does not include students, or those
incarcerated or involuntarily/voluntarily committed in public
institutions.  

Issue Coverage

OSHA is responsible for private sector safety and health issues and has
no jurisdiction over public sector employees.

The Maine Department of Corrections or the local governing body handles
any health and safety issues with regards to incarcerated individuals in
the Maine prison and jail system.  The Maine Department of Human
Services is responsible for ensuring the health and safety of
involuntarily or voluntarily committed individuals in public mental
health institutions.   The Maine Department of Public Health and the
Maine Department of Education have some jurisdiction over health and
safety issues in public buildings and in public educational institutions
where students or parents are affected.

The Maine provisions apply to all public employers and their employees
except for working conditions of employees with respect to which federal
agencies.  State agencies acting under Section 274 of the Atomic Energy
Act of 1954, as amended (42 USC 2021), exercise statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health.  The Maine State Plan will cover all places of public
employment. 

Designated State Agency

State Designee

The Maine Department of Labor, Bureau of Labor Standards is designated
to ensure that public sector employees are provided with a safe and
healthy work environment, free from recognized hazards. The Director of
the Bureau or his or her authorized representative is the designee for
the Maine State Plan.  

Concurrent Authority and Responsibilities 

The Bureau has sole authority for administration of the occupational
safety and health provisions of the aforementioned acts. 

Divisions within the Bureau include:

Workplace Safety and Health Division

Technical Services Division

Wage and Hour Division

The Workplace Safety and Health Division will be the primarily
responsible division. These other two divisions are separate with
independent management and will not detract significantly from the
resources and priorities assigned to the administration of the Maine
State Plan.  Any indirect costs associated with duties performed by
these divisions will be explicitly outlined in the State Plan.

Delegation

The Bureau does not delegate any authority to any other state agency
with regards to occupational safety and health enforcement issues.

Standards and Variances

Identical Standards

The Occupational Safety and Health Board formulates and adopts
reasonable rules, pursuant to Title 26, chapter 6, subchapter 365 of the
Maine Revised Statutes for safe and healthful working conditions 

The rules so formulated shall at a minimum conform to federal standards
for occupational safety and health, so that the state program can be
federally funded as a public employee only safety and health program.

The Board will adopt the most current OSHA standards through rulemaking.
The estimate for completion of this adoption is November 2016, and the
standards will be in effect 90 days after adoption.

Procedures for Identical Standards 

All federal occupational safety and health standards shall become rules
of the Bureau, within six months after their federal promulgation date,
unless an existing state standard is at least as effective.

  

In all rulemaking, the Board follows the Maine Administrative Procedures
Act.  During the first notice period, the Board shall accept from any
interested persons, data, views, arguments, or comments either orally,
in writing or both as stated in the Maine Administrative Procedures Act.

The Board shall hold a public hearing on the proposed rulemaking during
the first notice period if the Board finds that a public hearing would
facilitate the submission of views or comments that might not otherwise
be submitted or the Board receives a request for a public hearing. 

(MRSA Title 26, chapter 6, subchapter 565; Title 5, chapter 375)

Procedures for Alternative Standards

The Board has the authority to adopt alternative or different
occupational health and safety standards where no federal standards are
applicable to the conditions or circumstances or where standards that
are more stringent than the federal are deemed advisable.  Prior to the
development and promulgation of alternative standards or the
modification or revocation of existing standards, the Board will
consider:  expert technical knowledge, submissions from interested
persons and the opportunity for interested persons to participate in any
hearing.  Alternative standards will be published and reviewed using the
aforementioned general rulemaking adoption process.  While the Board has
this authority it is rarely used and there are currently no new
alternative standards being proposed by the Division.  

(MRSA Title 26, chapter 6, subchapter 565)

Emergency Temporary Standards

The Governor of the State of Maine has the authority to establish
emergency temporary standards where public employees may be exposed to
unique hazards for which existing standards do not provide adequate
protection.    

Emergency rulemaking procedures are outlined in the Maine Administrative
Procedures Act. An emergency is defined as the existence of any
situation that the Board finds reasonably constitutes a threat to the
public interest, safety, or welfare.  If the Board finds that an
emergency exists which requires adoption of a rule in fewer days than is
outlined in the general rulemaking guidelines and states in writing its
reasons for that finding, it may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking.  The
text of the emergency rule shall be published in the Maine Register.  An
emergency rule becomes effective immediately upon filing or at a stated
date less than 10 days thereafter.  The Bureau will take reasonable and
appropriate measures to make emergency rules known to the persons who
may be affected by them.

Such temporary emergency standards shall be effective until superseded
by a permanent standard but in no event for more than 90 days from its
date of publication.

If OSHA promulgates an emergency temporary standard, Maine will adopt
the same within 30 days of the federal notice. 

(MRSA Title 5, chapter 12, subchapter 2, section 8054) 

Issues to Be Addressed by Standards

All OSHA standards have been adopted by the Board.  Additionally, the
Board of has adopted standards that are more stringent than current OSHA
standards in two instances: respiratory protection and video display
terminals.

Assurance for Continued Effectiveness

Maine commits to adopt permanent standards within six months of the
promulgation of the federal regulation, unless the state already has in
place an existing standard that is at least as effective as the federal
standard.  The Board will adopt emergency temporary standards
promulgated by the OSHA within 30 days of federal notice.  Such
temporary emergency standards shall be effective until superseded by a
permanent standard, but in no event for more than six months from the
date of their publication.  

(MRSA Title 26 Chapter 6, Subsection 565; Title 5, Chapter 375)

Procedures for Granting Variances

Any affected employer may apply to the director for order for a variance
from a standard promulgated under this chapter. Affected employees shall
be given notice of each application and an opportunity to participate in
a hearing. The director shall issue the order if he determines on the
record, after a hearing and, where appropriate, an inspection, that the
proponent of a variance has demonstrated by a preponderance of the
evidence that the conditions, practices, means, methods, operations or
processes used or proposed to be used by an employer will provide
employment and places of his employment to his employees which are as
safe and healthful as those which would prevail if he complied with the
standard. Such an order may be summarily revoked by the director on his
own motion or modified or revoked by the director upon application by an
employer or employee in the manner prescribed for its issuance.

Any person aggrieved by an order of the director may appeal, at any
time, from the order to the board under the process established in
section 568. 

(MRSA Title 26, Chapter 6, Subsection 571, Maine FOM)

Enforcement

Regulatory Basis for Enforcement Program

Chapter 6, Subsection 566 of the Maine Revised Statutes authorizes the
Director of the Bureau, or his or her representatives, in the Bureau to
perform any necessary inspections or investigations.  The Bureau
designates the Division of Workplace Safety and Health to carry out
these provisions.  

(MRSA Title 26, Chapter 6, Subsection 566)

The Bureau Director shall enforce the occupational safety and health
standards and rules promulgated under the Health and Safety Act and any
occupational safety and health laws relating to the inspection of places
of employment, and shall visit and inspect, as often as practicable, the
public sector workplaces in Maine.  

(MRSA Title 26, Chapter 3, Subsection 44)

Inspection Procedures

The Bureau has the authority to inspect any work place where work is
being performed by an employee of a public employer in order to enforce
the occupational safety and health standards. The details of the
inspection procedures are identified in the Maine Field Operations
Manual (MFOM).  

Each inspection involves determining the scope of the inspection, the
conduct of the inspection, an opening conference, the review of records,
a walk-around inspection and a closing conference.   The scope of the
inspection depends upon the type of inspection and is either
comprehensive or a partial scope inspection.  

The inspector will conduct the inspection during regular working hours
and will present Bureau credentials.  The inspectors are awarded the
right of entry without delay and at reasonable times.  If the public
employer refuses entry or hinders the inspection process in any way, the
inspector has the right to terminate the inspection and initiate the
compulsory legal process and/or obtain a warrant for entry. The
inspector has the right to interview all parties and review records as
they relate directly to the inspection.  

(MRSA Title 26, Chapter 3, Subsection 44; Maine FOM)

The Director has the power to issue subpoenas for and compel the
attendance of witnesses and the production of pertinent books, papers,
documents and other evidence as needed to render a final order.  The
Director also has the authority to hear testimony, receive evidence, and
take or cause to be taken depositions of witnesses.  

(MRSA Title 26, Chapter 3, Subsection 43)

Advance notice of any inspection, without permission of the Bureau
Director, is subject to by penalty of not less than $500 or more than
$1,000 or by imprisonment for not more than 6 months, or both. 

(MRSA Title 26, Chapter 3, Subsection 46)

The opening conference will detail the scope of the inspection to the
employer and employee representatives.  Copies of complaint forms, minus
the complainant’s name, and requests for applicable records are
usually included in the opening conference.

The inspector will conduct a closing conference with the all affected
parties to discuss any findings, abatement details and verification
requirements, and employee discrimination prohibitions.

(Maine FOM)

During the walk-around inspection, representatives of the employer and
employees are allowed to accompany the inspector throughout the
inspection process as long as it does not interfere with the inspection
process itself.  

(MRSA Title 26, Chapter 3, Subsection 44a)

A Superior Court in the county in which the imminent danger is alleged
to exist shall have jurisdiction, upon petition of the director, to
restrain any conditions or practices in any place of employment subject
to section 45 which are such that a danger exists which will reasonably
be expected to cause death or serious physical harm immediately or
before the imminence of such danger can be eliminated through the
enforcement procedures otherwise provided by this chapter. 

(MRSA Title 26, Chapter 3, Subsection 49)

Complaint Procedures

Any employee or a representative of an employee of the State, a state
agency, county, municipal corporation, school district or other public
corporation or political subdivision who believes that a violation of an
occupational safety or health standard exists that threatens physical
harm or that an imminent danger exists may request an inspection by
giving notice to the director or his authorized agent of such violation
or danger. Except in cases of imminent danger, any such notice shall be
in writing, shall set forth with reasonable particularity the grounds
for the notice, shall be signed by the employee or his representative
and a copy shall be provided the employer or his agent no later than the
time of the inspection, except that, upon the request of the person
giving such notice, his name and the names of individual employees
referred to therein shall not appear in such copy or upon any record
published, released or made available in any other respect. If upon the
receipt of such notification, the director or his authorized agent
determines that there are reasonable grounds to believe that such
violation or danger exists, he shall make a special inspection as soon
as practicable to determine if such violation or danger exists. If the
director or his authorized agent determines that there are no reasonable
grounds to believe that a violation or danger exists, he shall notify
the employee or representative of the employee in writing of such
determination.

If the complaint is deemed to be invalid by the receiving officer (i.e.,
no signature, not an employee, not covered by state law) notice will be
sent to the complainant of the reasons. If the complaint is valid but
not covered directly by the Bureau, it will be forwarded to the
appropriate regulating body. Verbal complaints will be handled on a
case-by-case basis by the Division management staff and decisions to
inspect or notify will be rendered based on degree of hazard, number of
affected employees and past history. Every effort will be made to
formalize oral complaints, including seeking further clarification of
the hazard, working conditions, locations, etc.  An alternative
enforcement mechanism that includes administrative orders may be used
for informal complaints. 

(MRSA Title 26, Chapter 3, Subsection 50; Maine FOM)

Nondiscrimination Protections

Maine has a Whistleblower’s Protection Act poster. It states:

 It is illegal for your employer to fire you, threaten you, retaliate
against you or treat you differently because:

You reported a violation to the law.

You are a healthcare worker and you reported a medical error.

You reported something that risks someone’s safety and health.

You have refused to do something that will endanger your life or someone
else’s life and you have asked your employer to correct it; or

You have been involved in an investigation or hearing held by the
government.

In addition, Title 26, Chapter 6, Subsection 570 of the Maine Revised
Statutes outlines the provisions that an employer cannot discharge or in
any manner discriminate against an employee for filing a complaint,
testifying, or otherwise acting to express rights granted by the Maine
Revised Statutes.

Any employee who believes that he or she has been discharged or
otherwise discriminated against in violation of this section may, within
30 days after the alleged violation occurs, file a complaint with the
Director, alleging discrimination. If upon investigation, the Director
determines that the provisions of this chapter have been violated, the
Director shall bring an action in Superior Court for all appropriate
relief, including rehiring or reinstatement of the employee to their
former position with back pay. Within 90 days of the receipt of a
complaint filed under this section, the Director shall notify the
complainant of his or her determination.  This determination does not
preclude the complainant from filing a new whistleblower complaint if
the employee believes discrimination has occurred after the final
determination.

Methods for Compelling Compliance

The State of Maine “Field Operations Manual” describes the
procedures for issuing citations and proposed penalties.  If the
inspector believes that a violation of a safety and health standard
exists, he or she will issue a written citation report with reasonable
promptness.  This citation will describe the nature of the violation,
including reference to the appropriate regulation and fix a reasonable
time for the abatement of the violation.  The employer is required to
post the citation at or near the place the violation occurred until it
is abated or three days, whichever is later.  No citations will be
issued after the expiration of six months following the occurrence of
any violation.  Some modifications of the citations are allowed if an
interested party provides significant evidence of their case and it is
accepted by the Director.  

(MRSA Title 26, Chapter 3, Subsection 45; Maine FOM)

The employer shall provide documentation of abatement or a follow-up
inspection will be scheduled after the abatement time frame has expired.
 A written response from the employer will be evaluated by the Division
for completeness and appropriateness in relation to the citation.  If
the written response is inadequate, a follow-up inspection can still be
scheduled after the abatement timeframe.  The results of the follow-up
inspection will produce a report that documents any corrective measures
taken by the employer.  This report will be sent to the complainant if
the original inspection was initiated by a complaint.  The complainant
can refute or question any abatement measure by providing documentation
of such if not personally witnessed by the inspector.

If the Director issues a citation, he or she shall within ten days of
receipt of report, notify the employer by certified mail of any monetary
sanctions to be taken.  In Maine for the public sector, monetary
penalties are issued for serious citations.   The Director has
discretionary authority for civil penalties of up to $1,000 per day the
violation continues for repeat and willful violations. Serious and
other-than-serious violations may be assessed a penalty of up to $1,000
per violation and failure-to-correct violations may be assessed a
penalty of up to $1,000 per day.  In addition, criminal penalties can be
issued to public employers who willfully violate any standard, rule or
order. .  An alternative enforcement mechanism that includes
administrative orders may be used in limited circumstances,  

(MRSA Title 26, chapter 3, Subsection 46)  

Review System for Contested Cases

Informal reviews can be held at the Division management level prior to a
formal contest.  Interested parties can levy their concerns over
severity of citation, amount of penalty or legitimacy of concerns and
the Division manager will render his or her decision and notify all
parties of his pre-contest review.  The accepted request for a hearing
will stay the abatement time frame until satisfactory judgment is
rendered.  

(Maine FOM)

Any public employer or representative thereof who receives a citation, a
proposed assessment of penalty, or a notification of failure to correct
a violation may within 15 working days from receipt of the notice
request in writing a hearing before the Board of Occupational Safety and
Health for an appeal from the citation order, notice of penalty or
abatement period.  Any public employee or representative thereof may
within 15 working days of the issuance of a citation file a request in
writing for a hearing before the Board for an appeal from the citation
on the ground the period of time fixed in the citation for abatement is
unreasonable.  The Board will then schedule a hearing within a
reasonable time after receipt of the request and shall notify all
interested parties.  The Director of the Bureau will remain responsible
for the enforcement process, including the issuance of citations and
penalties, and their defense, if contested. All interested parties are
allowed to participate in the hearing and contribute to the Board’s
final decision.  The Board shall affirm, modify, or vacate the citation
or proposed penalty or direct other appropriate relief.  

(MRSA Title 26, chapter 6, Subsection 568; ME CMR 12-179, Chapter 1)

Any party adversely affected by a final violation order or determination
has the right to appeal and obtain a judicial review by the Superior
Court.  This complaint for review must be filed within 10 days after the
entry of the order pursuant to the Bureau rules, its amendments and
modifications thereof. 

(MRSA Title 26, chapter 6, Subsection 568)

 

Employee Access to Information

Title 26, Chapter 3, Subsections 44 and 45 of the Maine Revised Statutes
requires public employers to maintain accurate records regarding
occupational safety and health.  The employees and/or the
representatives have the right to observe toxic exposure monitoring and
have access to the records thereof.  The public employer must also
inform the employees of protections and obligations, and must post
copies of citations.  

(MRSA Title 26, Chapter 4, Subsection 44 and 45)

Other Prohibited Actions and Sanctions

Title 26, Chapter 3, Subsection 46 of the Maine Revised Statutes states
that any person who gives advance notice of any inspection to be
conducted pursuant to this chapter without authority from the Director
shall be punished by a penalty of not less than $500 nor not more than
$1,000 or by imprisonment for not more than six months or both.  Any
employer who violates any of the posting requirements, as prescribed in
section 45, shall be assessed a penalty of not more than $1,000 for each
violation.  Whoever, being duly summoned under section 43, willfully
neglects or refuses to attend, or refuses to answer any question
propounded to him concerning the subject of such examination as provided
in said section 43, or whoever, being furnished by the director with a
written or printed list of interrogatories, neglects or refuses to
answer and return the same under oath, shall be punished by a fine of
not less than $25 nor more than $100, or by imprisonment for not more
than 30 days, or by both. 

(MRSA Title 26, Chapter 3, Subsection 46)

Inspection Scheduling System

The priority for assignment of staff resources for hazard categories
will be the duty of Division management and based upon inspection
category, the type of hazard, the perceived severity of hazard and the
availability of resources.  The enforcement inspection priority is
imminent danger, fatality/catastrophe, complaint, and general/follow-up.
 All advisories, training, educational and program evaluations will be
conducted as time and scheduling allows. Any federal special emphasis
programs will be evaluated for applicability in the public sector and
adopted if necessary as part of a targeted inspection program by the
Bureau.   The Bureau will use inspection data to establish a targeted
inspection program for the public sector sites in Maine. 

(Maine FOM)

Voluntary Compliance Program

The Bureau provides and conducts educational programs for public
employees specifically designed to meet the regulatory requirements and
needs of the public employer.  Consultations, including site visits,
compliance assistance and training classes, are individualized for each
work site and tailored to the public employer’s concerns.  Training
topics include, but are not limited to, bloodborne pathogens, hazard
communication, confined space entry, trenching/shoring, recordkeeping,
slips/trips/falls, laboratory safety and lockout/tagout, and electrical
safety.  Public agencies are encouraged to develop and maintain their
own safety and health programs as an adjunct to but not a substitute for
the Bureau enforcement program.  

The public sector consultation program currently exists under the
Bureau.

 

The Bureau has developed the SHAPE (Safety and Health Award for Public
Employers) to recognize public employers with an excellent safety and
health program. SHAPE exempts public employers from programed
inspections for up to two years and can be extended up to four years on
subsequent renewals, depending on the results of re-inspections. This
program was patterned after the SHARP program.  

Laboratory Services

The Bureau utilizes only certified laboratories to analyze and assist in
interpreting sampling results via contractual services.  Current
contract laboratory services are with Wisconsin Laboratory. This is the
same laboratory used by the Maine 21(d) consultation program.  The
laboratory certifications are kept on file.  

Assurances for Continued Effectiveness

The Bureau is dedicated to ensuring that public sector workers in Maine
are afforded the same protections and rights as those in the private
sector in all manners pursuant to their occupational safety and health. 
In doing so, the Bureau will respond  to all changes in the federal
program and make independent changes in a manner that will be “at
least as effective” as the federal policy and practice as mandated by
state statute.  

(MRSA Title 26, Chapter 6, Subsection 565)

Recordkeeping and Reports

Record and Report Requirements

Title 26 sets out the provision for the Bureau to require public
employers to maintain accurate records of and to make reports on,
work-related deaths, injuries and illnesses.  Such records are available
to any state agency requiring them and are held as confidential.

The records of occupational injuries and illnesses must be completed and
maintained in accordance with the applicable provisions outlined in
Chapter 6 of the Code of Maine Rules (ME CMR 12-179, Chapter 6) by the
employer for every occupational death, every nonfatal occupational
illness, and every nonfatal occupational injury that results in death,
loss of consciousness, days away from work, restricted work activity or
job transfer, or medical treatment beyond first aid.  

The employer shall maintain in each workplace an OSHA 300 log of all
recordable occupational injuries and illnesses for that workplace. 
Within seven calendar days after receiving information about a case, the
employer shall:  decide if the case is recordable, determine if it is a
new case or a recurrence of an existing one, establish whether the case
was work-related, and decide whether to fill out the OSHA 301, the Maine
Workers’ Compensation Commission form, or a suitable substitute that
contains the same information as these First Report of Injury forms. 
The OSHA 300 log and its supplementary information must be retained for
five years by the employer.

An annual summary of work-related injuries and illnesses for each
workplace must be posted on the OSHA 300A form from February 1 to April
30 of the year following the year covered by the form.  It must be
posted in a conspicuous location where employees have the opportunity to
view it and it must be certified by an executive of the state or local
agency.  This annual summary must be retained for five years.  Knowingly
falsifying this document can result in a fine. 

(MRSA Title 26, chapter 3, Subsection 44; ME CMR 12-179, Chapter 6)

Report of Fatalities

MRSA Title 26, Chapter 1, Subsection 2 requires that any person in
charge of any workplace as defined in this section provided by the
State, a state agency, a county, a municipal corporation, a school
district or other public corporation or political subdivision shall,
within 8 hours after the occurrence, report to the Director of the
Bureau (or designee)  the death of any person in the workplace or on the
premises, stating as fully as possible the cause of the death and the
place where the deceased person has been sent and supplying other
information relative to the death hat may be required by the Director
who may investigate the causes of the death and require such precautions
to be taken as will prevent the recurrence of similar events. A
statement contained in any such report is not admissible in evidence in
any action arising out of the death reported.

(MRSA Title 26, Chapter 1, Subsection 2)

Report of Serious Physical Injuries

MRSA Title 26, Chapter 1 Subsection 2 requires the person in charge of
any workplace as defined in section 1 provided by the State, a state
agency, a county, a municipal corporation, a school district or other
public corporation or political subdivision to, within 24 hours after
the occurrence, report 

to the Director of the Bureau (or designee) all serious physical
injuries requiring immediate hospitalization sustained by any person in
the workplace or on the premises, stating as fully as possible the
extent and cause of the injury and the place where the injured person
has been sent and supplying other information relative to the injury
that may be required by the Director who may investigate the causes of
the injury and require such precautions to be taken as will prevent the
recurrence of similar events.  Serious physical injury is defined to
mean an incident that results in amputation, loss or fracture of a body
part or that results in immediate hospitalization.  A statement
contained in any such report is not admissible in evidence in any action
arising out of the accident reported. 

(MRSA Title 26, Chapter 1, Subsection 2)

	

The Bureau of Labor Statistics (BLS) receives fatality and injury
information from throughout the state, including the public sector.  The
Maine State Plan agrees to participate in the BLS survey.  

Management Information Systems

The current management information system is a Progress Database
application for reporting requirements.  The site information is updated
with each inspection or activity at that site.  Information can be
retrieved as far back as ten years.  Hard copies of general reports are
retained for 10 years and then destroyed according to Maine’s records
retention schedule.  Complaint inspections are assigned by Division
management based upon type of concern (safety or health) and location
(county).  The individual inspectors have the report generating programs
on laptop computers in the field.   

Maine will join the OIS system within 90 days of plan approval,
including the implementation of all hardware, software, and adaptations
as necessary. 

Form and Content of Reports

The Bureau shall provide quarterly reports to the Assistant Secretary of
OSHA within 10 days of the close of the quarter unless otherwise
directed.  Detailed inspection information including type, number,
region, citations and inspector will be provided along with special
reports on any fatalities or serious injuries. The Bureau will report on
its quarterly progress in meeting annual performance plan goals.
Quarterly performance will also be measured by the State Activities
Mandated Measures (SAMM) report.  Some of the Division’s measures of
performance and output will include number of inspections by type,
turnaround time on reporting, follow-up compliance and response times. 
It is anticipated that the results of the State of Maine’s efforts
will be shown through lower injury/illness rates in the State of Maine
and fewer fatalities/catastrophes in the public work force. 

Personnel 

Sufficient Numbers of Personnel

The Workplace Safety and Health Division currently has 18 employees, of
which, 2 full-time equivalent positions (FTEs) are dedicated to public
sector enforcement. In addition, the Division Director, Program Manager
and System Administrator allocate part of their time to enforcement
program.  

Within six months of the approval of the State Plan, Maine will fully
implement and staff the enforcement program separate from the public
sector consultation program. The Division will consist of two safety
enforcement safety officers, one health enforcement officer, three
safety consultants and one health consultant. In addition, the Division
Director, Program Manager and System Administrator will increase their
time allocated to the State Plan.    One health specialist will be
transferred from consultation to enforcement.  An organization chart is
included in Appendix F. Discrimination cases will be assigned to
enforcement officers who have completed the necessary training as a
collateral duty. 

Organization of Staff

Director, Bureau of Labor 							    0%

Director, Workplace Safety and Health Division				  50%

Program Manager, Workplace Safety and Health Division			  80%

Two FTE’s – Public Sector Enforcement Officers –Safety			100%		

One FTE’s – Public Sector Enforcement Officer – Health			100%

Three FTE’s – Public Sector Consultants – Safety				100%

One FTE’s – Public Sector Consultant – Health				100%

System Administrator								  50%

OIS/Learning Link Coordinator						  20%							

Qualified Staff Requirements

The Division of Workplace Safety and Health job descriptions are
included in Appendix F.  A comprehensive training program will be
developed for both present and newly hired employees in the Division.  
This training will be conducted by the OSHA Training Institute and will
include other professional courses as they are available. 
State-specific training will be provided to detail the inspection
protocols as well as the reporting requirements.  

State’s Merit and Hiring Systems

The Maine Merit System conforms to the standards set forth in the Merit
System of Personnel Administrations, 45 CFR Part 70 and its amendments
and any standards of the U.S. Civil Service Commission, pursuant to
Section 208 of the Intergovernmental Personnel Act of 1970 and its
amendments.

The proposed staffing levels and changes will allow the State Plan to be
at least as effective as OSHA.

The Bureau is committed to equal employment opportunity in its staffing
and its service to the public.  The policy of this Bureau is to comply
with the laws of the State of Maine and United States of America to
assure that there will be no discrimination in employment based on race,
color, religion, sex, age, national origin or handicapped conditions. 
The Affirmative Action Plan is included in the application document and
it has the endorsement of the Director and managerial staff who will
continue to make concerted efforts to achieve the goals outlined in the
Plan.

Budget and Funding

Commitment of Adequate Funds

The Bureau of Labor Standards enforcement program has been fully and
consistently funded since 1972.  The General Revenue Fund (GRF) of Maine
is the main source of funding for this program.  The state program will
use this level of funding as a 50/50 match with the federal monies to
ensure that the Maine program is at least as effective as the federal
OSHA program.  Public sector consultation will use Safety Education
Training Fund (SETF) funding as a 50/50 match.  This fund receives
monies from Workers’ Compensation assessment.  The proposed budget
allocation for the developmental years of the Maine State Plan program
is included. 

 

Comprehensive Developmental Schedule:

The Maine State plan is developmental.  The following is a schedule of
major developmental steps (benchmarks) as provided in the plan:

Developmental Step 1: Provide a comparison of ME CMR 12-179, Chapter 6
to 29 CFR 1904. 

Expected date of completion: October 2015

Developmental Step 2: Adopt regulations equivalent to 29 CFR 1905, or
provide citations to currently existing equivalent regulations.  

Expected date of completion: May 2016

Developmental Step 3: Adopt regulations equivalent to 29 CFR 1977, or
provide citations to currently existing equivalent regulations.  

Expected date of completion: May 2016

Developmental Step 4: Enact revised legislation that revises 26 MRSA
§§ 2 and 44.

Expected date of completion: June 2015

Developmental Step 5: Provide a comparison of alternative standards that
Maine has adopted to federal standards. 

This has already been provided for respiratory protection, so only the
video display terminal standard comparison will need to be provided. 

Expected date of completion: February 2016

Developmental Step 6: Provide an outline of procedures for the on-site
public-sector consultation (29 CFR 1908) program or a timeline for their
development. 

Expected date of completion: November 2016

Developmental Step 7: Develop a 5-year strategic plan and an annual
performance plan. 

Expected date of completion: October 2015

Developmental Step 8: Update and revise, as necessary, the Maine OSHA
Field Operations Manual.

Maine will review and revise its Field Operations Manual (FOM). The
current Maine 23(g) FOM was adopted directly from the OSHA FOM. Sections
particular to Maine have been incorporated.  The FOM, in conjunction
with the Maine statutes, will ensure inspections are at least as
effective as 29 CFR 1903.The FOM will be reviewed on an annual basis. 

Expected date of completion: January 2016

Developmental Step 9: Develop a plan for transitioning to the OSHA
Information System (OIS)

Maine will develop, in conjunction with OSHA, a transition plan for
joining the OIS. Maine will utilize the expertise of the OIS/Learning
Link Coordinator (currently on 21(d) staff, but will charge 20% of time
to the 23(g) grant in the future) to assist with training and to
incorporate Maine statutes and rules that need to be incorporated. 

Expected date of completion: December 2015

Developmental Step 10: Determine whether adoption of 29 CFR parts 1915,
1917, and/or 1918, or equivalents, is appropriate, and if so, adopt the
appropriate regulations.

Expected date of completion: March 2016

 

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