16880 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations 

PART 812—INVESTIGATIONAL 

DEVICE EXEMPTIONS 

■ 5. The authority citation for part 812 

continues to read as follows: 

Authority: 21 U.S.C. 331, 351, 352, 353, 

355, 360, 360c–360f, 360h–360j, 360bbb–8b, 

371, 372, 374, 379e, 379k–1, 381, 382, 383; 

42 U.S.C. 216, 241, 262, 263b–263n. 

■ 6. In § 812.38, revise paragraph (b)(4) 

to read as follows: 

§ 812.38 Confidentiality of data and 

information. 

* * * * * 

(b) * * * 

(4) Notwithstanding paragraph (b)(2) 

of this section, FDA will make available 

to the public, upon request, the 

information in the IDE that was required 

to be filed in Docket Number FDA– 

1995–S–0036 in the Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852, 

for investigations involving an 

exception from informed consent under 

§ 50.24 of this chapter. Persons wishing 

to request this information shall submit 

a request under the Freedom of 

Information Act. 

* * * * * 

■ 7. In § 812.47, revise paragraph (a) to 

read as follows: 

§ 812.47 Emergency research under 

§ 50.24 of this chapter. 

(a) The sponsor shall monitor the 

progress of all investigations involving 

an exception from informed consent 

under § 50.24 of this chapter. When the 

sponsor receives from the IRB 

information concerning the public 

disclosures under § 50.24(a)(7)(ii) and 

(iii) of this chapter, the sponsor shall 

promptly submit to the IDE file and to 

Docket Number FDA–1995–S–0036 in 

the Dockets Management Staff (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852, copies of the information 

that was disclosed, identified by the IDE 

number. 

* * * * * 

PART 822—POSTMARKET 

SURVEILLANCE 

■ 8. The authority citation for part 822 

continues to read as follows: 

Authority: 21 U.S.C. 331, 352, 360i, 360l, 

371, 374. 

■ 9. In § 822.1, revise the introductory 

text and paragraphs (b) and (c) and add 

paragraph (d) to read as follows: 

§ 822.1 What does this part cover? 

This part implements section 522 of 

the Federal Food, Drug, and Cosmetic 

Act by providing procedures and 

requirements for postmarket 

surveillance of class II and class III 

devices that meet any of the following 

criteria: 

* * * * * 

(b) The device is intended to be 

implanted in the human body for more 

than 1 year; 

(c) The device is intended to be used 

outside a user facility to support or 

sustain life. If you fail to comply with 

requirements that we order under 

section 522 of the Federal Food, Drug, 

and Cosmetic Act and this part, your 

device is considered misbranded under 

section 502(t)(3) of the Federal Food, 

Drug, and Cosmetic Act and you are in 

violation of section 301(q)(1)(C) of the 

Federal Food, Drug, and Cosmetic Act; 

or 

(d) The device is expected to have 

significant use in pediatric populations. 

■ 10. In § 822.4, revise the introductory 

text and paragraphs (b) and (c) and add 

paragraph (d) to read as follows: 

§ 822.4 Does this part apply to me? 

If we have ordered you to conduct 

postmarket surveillance of a medical 

device under section 522 of the Federal 

Food, Drug, and Cosmetic Act, this part 

applies to you. We have the authority to 

order postmarket surveillance of any 

class II or class III medical device, 

including a device reviewed under the 

licensing provisions of section 351 of 

the Public Health Service Act, that 

meets any of the following criteria: 

* * * * * 

(b) The device is intended to be 

implanted in the human body for more 

than 1 year; 

(c) The device is intended to be used 

to support or sustain life and to be used 

outside a user facility; or 

(d) The device is expected to have 

significant use in pediatric populations. 

■ 11. In § 822.7, revise paragraph (a)(1) 

to read as follows: 

§ 822.7 What should I do if I do not agree 

that postmarket surveillance is 

appropriate? 

(a) * * * 

(1) Requesting a meeting with the 

Director of the Office that issued the 

order for postmarket surveillance; 

* * * * * 

■ 12. Revise § 822.24 to read as follows: 

§ 822.24 What are my responsibilities once 

I am notified that I am required to conduct 

postmarket surveillance? 

You must submit your plan to 

conduct postmarket surveillance to us 

within 30 days from receipt of the order 

(letter) notifying you that you are 

required to conduct postmarket 

surveillance of a device. The 

manufacturer shall commence 

surveillance not later than 15 months 

after the day the order was issued. 

Dated: March 15, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–05657 Filed 3–20–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

Maine State Plan for State and Local 

Government Employees; Approval of 

Plan Supplements and Certification of 

Completion of Developmental Steps 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notification of certification of 

the State Plan. 

SUMMARY: The Maine Department of 

Labor, Bureau of Labor Standards 

submitted documentation attesting to 

the completion of all structural and 

developmental aspects of its State Plan 

for State and Local Government 

Employees as approved by OSHA. After 

extensive review of the submissions and 

opportunity for correction, the Maine 

State Plan (MEOSH) submitted updated 

and revised documents. OSHA is 

approving the revised State Plan, which 

documents the satisfactory completion 

of all structural and developmental 

aspects of Maine’s approved State Plan, 

and is certifying this completion. This 

certification attests to the fact that the 

Maine State Plan now has in place those 

structural components necessary for an 

effective State Plan for State and Local 

Government Employees. (Enforcement 

of occupational safety and health 

standards with regard to private sector 

employers and employees in the State of 

Maine remains the responsibility of the 

U.S. Department of Labor, OSHA.) 

DATES: Effective March 21, 2023. 

FOR FURTHER INFORMATION CONTACT:

For press inquiries: Contact Frank 

Meilinger, OSHA Office of 

Communications, U.S. Department of 

Labor; telephone (202) 693–1999; email 

meilinger.francis2@dol.gov. 

For general and technical 

information: Contact Douglas J. 

Kalinowski, Director, OSHA Directorate 

of Cooperative and State Programs, U.S. 

Department of Labor; telephone (202) 

693–2200; email: kalinowski.doug@

dol.gov. 


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SUPPLEMENTARY INFORMATION: 

I. Background 

Section 18 of the Occupational Safety 

and Health Act of 1970 (the ‘‘OSH 

Act’’), 29 U.S.C. 667, provides that a 

state which desires to assume 

responsibility for the development and 

enforcement of occupational safety and 

health standards may submit for OSHA 

review and approval a State Plan for 

such development and enforcement. 

Regulations at 29 CFR part 1956 provide 

that a state may voluntarily submit a 

State Plan for the development and 

enforcement of occupational safety and 

health standards applicable only to 

employers and employees of the state 

and its political subdivisions. State and 

local government employers are 

excluded from Federal OSHA coverage 

under section 3(5) of the OSH Act. 

Under these regulations, the Assistant 

Secretary of Labor for Occupational 

Safety and Health (‘‘Assistant 

Secretary’’) may approve a State Plan for 

State and Local Government Employees 

if the Plan provides for the development 

and enforcement of standards relating to 

hazards in employment covered by the 

Plan which are or will be at least as 

effective in providing safe and healthful 

employment and places of employment 

for public employees as standards 

promulgated and enforced by Federal 

OSHA under section 6 of the OSH Act, 

giving due consideration to differences 

between public and private sector 

employment. See 29 CFR 1956.2(a). 

Following initial approval, the state may 

begin enforcement of its safety and 

health standards in the public sector 

and receive up to 50 percent federal 

funding for the cost of Plan operations. 

A State Plan for State and Local 

Government Employees may receive 

initial approval even though, at the time 

of submission, not all essential 

components of the Plan are in place. 

Pursuant to 29 CFR 1956.2(b), the 

Assistant Secretary may initially 

approve the submission as a 

‘‘developmental plan,’’ and a schedule 

within which the state must complete 

all ‘‘developmental steps’’ within a 

three-year period is issued as part of the 

initial approval decision. 29 CFR part 

1953 provides procedures for the review 

and approval of changes and progress in 

the development and implementation of 

the State Plan. 

When the Assistant Secretary has 

reviewed and approved all 

developmental submissions and finds 

that the state has satisfactorily 

completed all developmental steps 

specified in the initial approval 

decision, a notice certifying such 

completion is published in the Federal 

Register (see 29 CFR 1956.23 and 

1902.34). Certification attests to the 

structural completeness of the Plan but 

does not render judgment as to the 

adequacy or effectiveness of state 

performance. 

II. State Plan History 

The Bureau of Labor and Industry, 

now known as the Bureau of Labor 

Standards (Bureau), was established in 

1873 as an activity of the Secretary of 

State. In 1971, Title 26 of the Maine 

Revised Statutes (M.R.S.; or 

alternatively referred to as M.R.S.A., in 

reference to the Maine Revised Statutes 

Annotated) was enacted, defining the 

power and duties of the Director of the 

Bureau under Chapter 3, Section 42. 

Chapter 6, Section 565 defines the 

powers and duties of the Board of 

Occupational Safety and Health (Board 

or BOSH), which approves the adoption 

of standards, and is an independent 

review authority for the review of 

contested cases. Since 1971, the Maine 

Department of Labor, Bureau of Labor 

Standards, Workplace Safety and Health 

Division (Division), has proposed 

standards for the Board’s approval and 

performed inspections in state and local 

government workplaces (which includes 

state, county, and municipal employers) 

as outlined under the provisions of the 

state’s existing enabling legislation. 

In 2012, Maine began working on a 

State and Local Government State Plan 

and submitted a draft Plan to OSHA in 

February 2013. OSHA determined that 

the Maine statutes, as structured, and 

the proposed State Plan needed minor 

changes in order to meet the State and 

Local Government State Plan approval 

criteria in 29 CFR 1956. Amendments to 

M.R.S., 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. With this amended legislation in 

place, in August 2015, OSHA approved 

Maine as a developmental State Plan for 

State and Local Government Employees 

only. 

In October 2020, MEOSH submitted a 

revised State Plan narrative (i.e., an 

overall description of the State Plan and 

all its aspects) to OSHA indicating that 

it had completed all 10 steps in its 

developmental program. Upon review, 

OSHA determined that the Maine State 

Plan needed to adopt OSHA’s 

recordkeeping and reporting rule (29 

CFR part 1904) and amend its 

rulemaking procedures so that it could 

adopt OSHA’s emergency temporary 

standards within 30 days of the Federal 

Register Notice, with an immediate 

effective date upon adoption. BOSH 

adopted 29 CFR part 1904 in November 

2021, and the state legislature amended 

Title 26, Chapter 6, Section 565 to 

remove the requirement that ‘‘rules shall 

not become effective sooner than 90 

days after the date of adoption and 

promulgation’’ in December 2021. This 

amendment enables MEOSH to adopt 

OSHA’s emergency temporary standards 

within 30 days from the Federal 

Register Notice, to take effect 

immediately upon publication. BOSH 

also adopted Maine’s statutory 

requirements for state and local 

government dive team operations (26 

M.R.S.A. § 565), public sector 

firefighting operations (26 M.R.S.A. 

§§ 2101–2107), and driver training 

requirements for fire apparatuses (26 

M.R.S.A. § 2107), and provided OSHA 

with the required comparison of the 

diving standard to the Federal standard. 

III. Description of the Revised State 

Plan 

The revised State Plan updates and 

documents all structural components of 

the Maine program. Each of the key 

component parts of the revised State 

Plan are described below. The 

documents described below are being 

approved in this notice. 

A. The Plan Narrative and Appendices 

The Maine Department of Labor is 

designated by Title 26 of M.R.S. as the 

sole agency responsible for 

administering and enforcing the state 

and local government employee 

protection program in Maine. The 

Maine Department of Labor, Bureau of 

Labor Standards is designated as the 

agency responsible for the State and 

Local Government Only State Plan. 

The Plan narrative provides a general 

overview of MEOSH’s legal authority, 

standards and variances, regulations, 

enforcement policies and procedures 

(the MEOSH Field Operations Manual 

(FOM)), voluntary compliance activities 

(including consultative services and 

training and outreach programs), 

occupational safety and health 

laboratory support services, personnel 

policies and procedures, recordkeeping 

and reporting requirements, budget, 

staffing, and funding, all of which, 

together with the supporting documents 

contained in various appendices, have 

been determined to provide authority 

which is ‘‘at least as effective as’’ that 

of the OSH Act and to meet the criteria 

and indices for plan approval contained 

in 29 CFR part 1956. 

The State Plan appendices submitted 

to OSHA contain a variety of state 


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statutes and other documents related to 

the Maine State Plan. These include 

letters from the Maine Governor and 

Attorney General, the MEOSH FOM, 

inspection scheduling system, 

personnel policies, the MEOSH 

organizational chart, budget, and state 

job descriptions for all positions in the 

State Plan. 

The appendices also contain the 

following state statutes and regulations: 

The Maine Administrative Procedure 

Act (Title 5, Chapter 375); regulations 

that incorporate 29 CFR parts 1903, 

1904, 1905, 1908, 1910, 1926, and 1977; 

and regulations pertaining to minimum 

driver training requirements for fire 

apparatuses, occupational safety and 

health standards for public safety 

diving, and occupational safety and 

health requirements for firefighting in 

the public sector. 

B. Legislation 

The legislative authority establishing 

the Maine State Plan, and the respective 

occupational safety and health 

obligations of employers and 

employees, is found in Title 26, 

Chapters 1, 3, and 6 of the M.R.S.A. 

These provisions define the powers and 

duties of MEOSH, including authority to 

adopt occupational safety and health 

rules, right of entry, inspections, 

citations, proposed penalties, employee 

rights, variances, non-discrimination, 

recordkeeping and reporting, etc. The 

provisions further establish the duty of 

public employers to provide 

employment and a place of employment 

free from recognized hazards, to comply 

with the Maine Department of Labor’s 

occupational safety and health rules, to 

report injuries and deaths, to inform 

employees of their protections and 

obligations, and to provide information 

on hazards in the workplace. Chapter 6 

additionally establishes the duty for 

public employees to comply with all 

occupational safety and health rules 

applicable to their own actions and 

conduct. 

MEOSH covers all state and local 

government employees of the state, 

which is defined by Title 26, Chapter 6, 

Section 563 to include employees of the 

state, a state agency, county, municipal 

corporation, school district, or other 

public corporation or political 

subdivision. Volunteers under the 

direction of a public employer or other 

public corporation or political 

subdivision are also covered. No 

employees of any political subdivision 

are excluded from the Plan. However, 

the definition of public employee does 

not extend to students, incarcerated 

individuals, or individuals committed 

in public institutions. 

C. Standards 

Under the Plan’s enabling legislation, 

Title 26 of the M.R.S.A., the Maine 

Department of Labor has full authority 

to adopt standards and regulations 

through BOSH and enforce and 

administer all laws and rules protecting 

the safety and health of employees of 

the state and its political subdivisions. 

Title 26, Chapter 6, Section 565 

provides that all rules adopted by BOSH 

must at a minimum conform to Federal 

standards of occupational safety and 

health so that the State Plan can 

continue as a Federally approved State 

and Local Government State Plan. The 

procedures for state adoption of Federal 

occupational safety and health 

standards include giving public notice, 

opportunity for public comment, and 

opportunity for a public hearing, in 

accordance with the Maine 

Administrative Procedure Act (M.R.S.A. 

Title 5, Chapter 375). MEOSH has 

adopted state standards identical to 

federal occupational safety and health 

standards as promulgated through 

August 31, 2022. The State Plan also 

provides that future OSHA standards 

and revisions will be adopted by the 

state within six months of Federal 

promulgation in accordance with the 

requirements at 29 CFR 1953.5. The 

Plan also provides for the adoption of 

Federal emergency temporary standards 

within 30 days of Federal promulgation, 

that can be made effective in the state 

immediately upon publication. 

Under the Plan, the Maine 

Department of Labor (through BOSH) 

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 

standards are deemed advisable. Such 

standards will be adopted in accordance 

with M.R.S.A. Title 26 and the Maine 

Administrative Procedure Act, which 

includes provisions allowing 

submissions from interested persons 

and the opportunity for interested 

persons to participate in any hearing for 

the development, modification, or 

establishment of standards. MEOSH has 

generally adopted identical standards to 

the Federal standards but does have a 

unique respirator protection standard 

and video display terminal standard. In 

addition, in November 2021, the Maine 

State Plan (through BOSH) adopted 

Maine’s statutory requirements for state 

and local government dive team 

operations (26 M.R.S.A. § 565), public 

sector firefighting operations (26 

M.R.S.A. §§ 2101–2107), and driver 

training requirements for fire 

apparatuses (26 M.R.S.A. § 2107). 

D. Variances 

Title 26, Chapter 6, Section 571 of the 

M.R.S.A. includes provisions for the 

granting of permanent and temporary 

variances from state standards to public 

employers in terms substantially similar 

to the variance provisions contained in 

the Federal OSH Act. The state 

provisions require employee 

notification of variance applications, as 

well as employee rights to participate in 

hearings held on variance applications. 

A variance may not be granted unless it 

is established that adequate protection 

is afforded employees under the terms 

of the variance. 

On June 1, 2018, MEOSH (through 

BOSH) adopted, where applicable to 

public employees, the regulations at 29 

CFR part 1905, establishing the policies 

and procedures for variances. 

E. Employee Discrimination Protection 

Title 26, Chapter 6, Section 570 of the 

M.R.S.A. provides that a person cannot 

discharge or in any manner discriminate 

against an employee because that 

employee has filed a complaint alleging 

an occupational safety or health hazard, 

has testified or is about to testify in any 

proceeding relating to employee safety 

and health, or has exercised any right 

under chapter 6 of Title 26. 

Section 570 further provides that an 

employee who believes that they have 

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 of the 

Bureau, 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 the 

Director’s determination. 

On June 1, 2018, MEOSH (through 

BOSH) adopted, where applicable to 

public employees, the regulations at 29 

CFR part 1977, establishing the policies 

and procedures for addressing 

discrimination against employees. 

F. Inspections and Enforcement 

Title 26, Chapter 3, Sections 44 and 

50 of the M.R.S.A provide for 

inspections of covered workplaces, 

including inspections in response to 

employee complaints, by the Director of 

the Bureau. If a determination is made 


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that an employee complaint does not 

warrant an inspection, the complainant 

will be notified in writing of such 

determination. The complainant will be 

notified of the results of any inspection 

in writing and provided a copy of any 

citation that is issued. Employee 

complainants may request that their 

names not be revealed. 

Title 26, Chapter 3, Section 44a of the 

M.R.S.A. provides the opportunity for 

employer and employee representatives 

to accompany a Bureau of Labor 

Standards inspector for the purpose of 

aiding the inspection. Where there is no 

authorized employee representative, the 

inspectors are required to consult with 

a reasonable number of employees 

concerning matters of safety and health 

in the workplace. 

Through Title 26, Chapter 3, Sections 

44 and 45 of the M.R.S.A., the Plan 

provides for notification to employees of 

their protections and obligations under 

the Plan by such means as a state poster, 

required posting of notices of a 

violation, etc. 

Section 44 also authorizes the 

Director of the Bureau to issue rules 

requiring employers to maintain 

accurate records relating to occupational 

safety and health. Information on 

employee exposure to regulated agents, 

access to medical and exposure records, 

and provision and use of suitable 

protective equipment is provided 

through state standards. 

Title 26, Chapter 3, Section 49 of the 

M.R.S.A. provides that the Director may 

petition the Superior Court to restrain 

any conditions or practices in any 

workplace subject to Section 45 in 

which such a danger exists which will 

reasonably be expected to cause death 

or serious physical harm immediately or 

before the danger could be eliminated 

through the enforcement process. 

Title 26, Chapter 6, Section 566 of the 

M.R.S.A. authorizes the Director of the 

Bureau or their representatives to 

perform any necessary inspections or 

investigations. The Bureau designates 

the Division of Workplace Safety and 

Health to carry out these provisions. 

Title 26, Chapter 3, Section 44 provides 

that the Director of the Bureau has the 

right to inspect and investigate during 

regular working hours. The inspectors 

are provided 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. 

Title 26, Chapter 3, Section 46 

prohibits advance notice of inspections. 

Advance notice of any inspection, 

without permission of the Bureau 

Director, is subject to a penalty of not 

less than $500 or more than $1,000 or 

by imprisonment for not more than 6 

months, or both. Criminal penalties may 

also be imposed under the Maine 

criminal code on any person who 

knowingly makes a false statement 

under oath or affirmation; who 

knowingly makes a written false 

statement on a form bearing notification 

by statute or regulation to the effect that 

false statements made therein are 

punishable; or who knowingly makes a 

written false statement with the intent 

to deceive a public servant in the 

performance of their official duties. 

Thus, any employer who makes any 

false statement in any application, 

record, report, plan, or other document 

filed or required to be maintained by the 

State Plan may be in violation of the 

Maine criminal code and punished 

thereunder. 

Title 26, Chapter 3, Section 45 

establishes the authority and general 

procedures for the Director of the 

Bureau to promptly notify public 

employers and employees of violations, 

abatement requirements, and to compel 

compliance. If a Bureau inspector finds 

that a violation of a safety and health 

standard exists, they will issue a written 

citation to the employer with reasonable 

promptness. Section 45 provides that 

when an inspection of an establishment 

has been made, and the Director of the 

Bureau has issued a citation, the 

employer shall post such citation or a 

copy thereof at or near the location 

where the violation occurred. Each 

citation shall be in writing; describe 

with particularity the nature of the 

violation and include a reference to the 

provision of the statute, standard, rule, 

regulation, or order alleged to have been 

violated; and fix a reasonable time for 

the abatement of the violation. 

Title 26, Chapter 3, Section 46 

contains authority for a system of 

monetary penalties. Monetary penalties 

are required to be issued for serious 

citations and for violations of the 

posting requirements, up to $1,000 for 

each such violation. The Director of the 

Bureau has discretionary authority for 

civil penalties of up to $1,000 per day 

the violation continues for repeat and 

willful violations. Other-than-serious 

violations may be assessed a penalty of 

up to $1,000 per violation, and failureto-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. 

G. Compliance Manual 

MEOSH has adopted Federal OSHA’s 

revised FOM, CPL 02–00–164, with 

some exceptions, which provides 

guidance to MEOSH compliance staff 

concerning general staff responsibilities, 

pre-inspection procedures (including 

inspection scheduling and priorities, 

complaints and other unprogrammed 

inspections, and inspection 

preparation), inspection procedures 

(including conduct of the inspection, 

opening conference, closing conference, 

physical examination of the workplace, 

follow-up inspections, fatality/ 

catastrophe investigations, imminent 

danger investigations, and construction 

inspections), inspection documentation 

(including types of violations, violations 

of the general duty clause, writing 

citations, and grouping/combining 

violations), and post-inspection 

procedures (including abatement, 

citations, penalties, and post-citation 

processes). MEOSH has adopted 

different FOM provisions for Chapter 6, 

penalty amounts, and for the provisions 

in Chapter 7 related to informal 

conference procedures. And MEOSH 

does not follow Federal OSHA’s revised 

FOM Chapters 1, 8, 9, 10, and 13–17, or 

specific subsections of Chapters 2, 3, 4, 

and 5, which are inapplicable to 

MEOSH’s program. MEOSH also uses 

the OSHA Technical Manual (TED 01– 

00–015), which replaced the former 

Industrial Hygiene Manual, as guidance 

for its staff. The Maine Department of 

Labor, Workplace Safety and Health 

Division has adopted the OSHA 

Whistleblower Investigations Manual 

(WIM) (CPL 02–03–011 04/29/2022), 

except for the sections on appeals and 

settlement agreements. MEOSH has an 

internal policy for appeals and 

settlement agreements, which is 

contained in Appendix D of the State 

Plan documents submitted to OSHA. 

H. Review Procedures 

Title 26, Chapter 6, Section 568 of the 

M.R.S.A. and Code of Maine Rules 

(CMR) 12–179, Chapter 1 establish the 

authority and general procedures for 

employer contests of violations alleged 

by the state, penalties and sanctions, 

and abatement requirements. State and 

local government employers or their 

representatives who receive 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 BOSH on the 


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citation, 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 BOSH on whether the 

period of time fixed in the citation for 

abatement is unreasonable. 

All interested parties are allowed to 

participate in the hearing and introduce 

evidence. BOSH shall affirm, modify, or 

vacate the citation or proposed penalty 

or direct other appropriate relief. Any 

party adversely affected by a final order 

or determination by the BOSH has the 

right to appeal and obtain judicial 

review by the Superior Court. 

The Director of the Bureau will 

remain responsible for the enforcement 

process, including the issuance of 

citations and penalties, and their 

defense, if contested. Informal reviews 

can be held at the division management 

level prior to a formal contest. 

I. Budget and Personnel 

The Plan includes the FY 2023 grant 

application under section 23(g) of the 

OSH Act, which includes a current 

organizational chart and detailed 

information on staffing and funding. 

The state has given satisfactory 

assurances of adequate funding to 

support the Plan. In FY 2023, the State 

Plan was funded at $538,100 in Federal 

section 23(g) funds, $538,100 in 

matching state funds, and $102,315 in 

100% state funds, for a total Federal and 

state contribution of $1,178,515. The 

state has given satisfactory assurance 

that it will meet the staffing 

requirements of 29 CFR 1956.10. OSHA 

considers MEOSH’s current staffing and 

funding levels to be adequate and 

appropriate. 

J. Records and Reports 

The Plan provides that state and local 

government employers in Maine will 

maintain appropriate records and make 

timely reports on occupational injuries 

and illnesses in a manner substantially 

identical to and ‘‘at least as effective as’’ 

that required for private sector 

employers under Federal OSHA. 

MEOSH has assured that it will 

continue its participation in the Bureau 

of Labor Statistics Annual Survey of 

Injuries and Illnesses in the public 

sector. The Plan also contains 

assurances that it will provide reports to 

OSHA in such form as the Assistant 

Secretary may require and that MEOSH 

will continue to use the OSHA 

Information System (OIS). 

MEOSH’s agency work rule on 

Recording Occupational Injuries and 

Illnesses in the Public Sector (ME CMR 

12–179, Chapter 6) has incorporated by 

reference OSHA’s recordkeeping and 

reporting regulations in 29 CFR part 

1904. Title 26, Chapter 1, Section 2 and 

Chapter 3 of the M.R.S.A. impose 

parallel requirements on state and local 

government 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 confidential. Where there is 

overlap between the Maine statute 

provisions and the Chapter 6 agency 

work rule, employers must comply with 

whichever requirement is more 

protective. 

K. Voluntary Compliance Programs 

MEOSH has adopted, where 

applicable, 29 CFR part 1908, 

establishing requirements for a state and 

local government consultation program. 

The MEOSH consultation program 

generally follows OSHA’s Consultation 

Policies and Procedures Manual, CSP 

02–00–004. 

The Bureau conducts educational 

programs for state and local government 

employees specifically designed to meet 

the regulatory requirements and needs 

of the state or local government 

employer. Consultations, including site 

visits, compliance assistance, and 

training classes, are individualized for 

each worksite and tailored to the 

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, lockout/ 

tagout, and electrical safety. The Bureau 

has also developed a program known as 

the Safety and Health Award for Public 

Employers (SHAPE) to recognize state 

and local government employers with 

an excellent safety and health program. 

This program is like OSHA’s Safety and 

Health Achievement Recognition 

Program (SHARP). 

IV. Completion of Developmental Steps 

With the approval of the revised State 

Plan in today’s action, all 

developmental steps specified in the 

August 5, 2015, notice of initial 

approval of the Maine State Plan for 

State and Local Government Employees 

(80 FR 46487) and other relevant steps, 

have been successfully completed and 

approved as follows: 

In accordance with developmental 

step (1), MEOSH provided a comparison 

of ME CMR 12–179, Chapter 6 to 29 CFR 

part 1904. At the direction of OSHA, 

MEOSH subsequently adopted revisions 

to ME CMR 12–179, Chapter 6 to 

incorporate 29 CFR part 1904 and 

ensure that the State Plan’s 

recordkeeping and reporting obligations 

are substantially identical to the Federal 

requirements. This developmental step 

was completed in November 2021. The 

revised state rule is approved by the 

Assistant Secretary in today’s notice. 

In accordance with developmental 

step (2), MEOSH adopted regulations 

equivalent to 29 CFR part 1905. This 

developmental step was completed in 

July 2019 and the changes are approved 

by the Assistant Secretary as of today’s 

notice. 

In accordance with developmental 

step (3), MEOSH adopted regulations 

equivalent to 29 CFR part 1977. This 

developmental step was completed in 

July 2019 and the changes are approved 

by the Assistant Secretary as of today’s 

notice. 

In accordance with developmental 

step (4), the State of Maine enacted 

legislation revising 26 M.R.S.A. §§ 2 and 

44. This developmental step was 

completed in June 2015 and the changes 

are approved by the Assistant Secretary 

as of today’s notice. 

In accordance with developmental 

step (5), MEOSH provided a comparison 

of alternative standards that Maine has 

adopted to Federal standards. This step 

was completed in November 2021 and 

the state standards are approved by the 

Assistant Secretary as of today’s notice. 

In accordance with developmental 

step (6), MEOSH provided an outline of 

procedures for the on-site public sector 

consultation program by adopting 29 

CFR part 1908. This step was completed 

in July 2019 and the state rule is 

approved by the Assistant Secretary as 

of today’s notice. 

In accordance with developmental 

step (7), MEOSH developed a 5-year 

strategic plan and an annual 

performance plan. This step was most 

recently updated as of October 1, 2020, 

when MEOSH implemented its most 

current 5-year strategic plan and as of 

August 1, 2022, when MEOSH 

submitted its most recent annual 

performance plan for FY 2023. These 

plans are approved by the Assistant 

Secretary as of today’s notice. 

In accordance with developmental 

step (8), MEOSH reviewed and revised 

its FOM. The MEOSH FOM generally 

follows federal OSHA’s revised FOM, 

CPL 02–00–164, with the primary 

exceptions of Chapters 6 and 7. The 

MEOSH FOM, in conjunction with the 

applicable Maine statutes, will ensure 

inspections are at least as effective as 29 

CFR part 1903. The MEOSH FOM will 

be reviewed on an annual basis. This 

developmental step was completed in 

July 2020 and the MEOSH FOM is 

approved by the Assistant Secretary as 

of today’s notice. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations 16885 

In accordance with developmental 

step (9), MEOSH transitioned to the OIS. 

This developmental step was completed 

in September 2015 and is approved by 

the Assistant Secretary as of today’s 

notice. 

In accordance with developmental 

step (10), MEOSH determined, in 

conjunction with Federal OSHA, that 

adoption of OSHA’s maritime standards 

at 29 CFR parts 1915, 1917, and 1918 

was not required based on the type of 

work performed in Maine’s state and 

local government agencies. This 

determination is approved by the 

Assistant Secretary as of today’s notice. 

V. Decision 

A. Approval of Plan Supplements 

After careful review, opportunity for 

state correction, and subsequent 

revision, the plan supplements 

constituting a revised Maine State Plan 

for State and Local Government 

Employees and its components 

described above are found to be in 

substantial conformance with 

comparable Federal provisions and the 

requirements of 29 CFR part 1956 and 

are hereby approved under 29 CFR part 

1953 as providing a revised State Plan 

for the development and enforcement of 

standards which is ‘‘at least as effective 

as’’ the Federal program, as required by 

section 18 of the OSH Act and 29 CFR 

part 1956. The right to reconsider this 

approval of the revised State Plan 

supplements is reserved should 

substantial objections or other 

information regarding any change to 

components of the Plan become 

available to the Assistant Secretary. 

B. Certification 

With the approval of a revised State 

Plan as noted above, all developmental 

steps have now been successfully 

completed, documented, and approved. 

In accordance with 29 CFR 1956.23, the 

Maine State Plan for State and Local 

Government Employees is certified as 

having successfully completed all 

developmental steps. This certification 

attests to the structural completeness of 

the State Plan and that it has all the 

necessary authorities and procedures to 

provide ‘‘at least as effective’’ standards, 

enforcement, and compliance assistance 

to the employees of the State of Maine 

and its political subdivisions. This 

action renders no judgment as to the 

effectiveness of the State Plan in actual 

operations. 

VI. Location of Basic State Plan 

Documentation 

Copies of the revised Maine State Plan 

for State and Local Government 

Employees are available on the State 

Plan’s website or upon request. Contact 

the Regional Administrator, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 25 

New Sudbury Street, Room E–340, 

Boston, Massachusetts 02203. 

Components of the Maine State Plan, 

including the MEOSH FOM, 

recordkeeping regulations and 

instructions, complaint forms, and other 

program information are posted on the 

MEOSH website at: https://

www.maine.gov/labor/workplace_

safety/publicsector.shtml. 

MEOSH is administered by the Maine 

Department of Labor, Bureau of Labor 

Standards, Workplace Safety and Health 

Division. To obtain more information, 

visit https://www.maine.gov/labor/bls/, 

call (207) 623–7900, or email mdol@

maine.gov. 

Information on MEOSH laws and 

regulations can be found at: https://

www.maine.gov/labor/workplace_

safety/publicsector.shtml. 

The state Administrative Procedure 

Act can be found at: https://

legislature.maine.gov/statutes/5/title5ch

375sec0.html. 

Electronic copies of this Federal 

Register Notice and the related press 

release are available on OSHA’s website 

at: http://www.osha.gov. 

More information on the Maine State 

Plan can be found on OSHA’s Office of 

State Programs website at: https://

www.osha.gov/stateplans/me. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20001 authorized the preparation of 

this document under the authority 

specified by section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 8–2020 (85 FR 58393 

(Sept. 18, 2020)), and 29 CFR part 1956. 

Signed in Washington, DC, March 15, 

2023. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2023–05724 Filed 3–20–23; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary of the Treasury 

31 CFR Parts 16, 27, and 50 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Departmental Offices Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury (‘‘Department’’ or ‘‘Treasury’’) 

publishes this final rule to adjust its 

civil monetary penalties (‘‘CMPs’’) for 

inflation as mandated by the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (collectively 

referred to herein as ‘‘the Act’’). This 

rule adjusts CMPs within the 

jurisdiction of two components of 

Departmental Offices for 2022 and 2023. 

DATES: This rule is effective March 21, 

2023. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Terrorism 

Risk Insurance Program’s CMPs, contact 

Richard Ifft, Senior Insurance 

Regulatory Policy Analyst, Federal 

Insurance Office, Room 1410 MT, 

Department of the Treasury, 1500 

Pennsylvania Avenue NW, Washington, 

DC 20220, at (202) 622–2922 (not a tollfree number), or Sherry Rowlett, 

Program Policy Analyst, Federal 

Insurance Office, at (202) 622–1890 (not 

a toll free number). Persons who have 

difficulty hearing or speaking may 

access these numbers via TTY by calling 

the toll-free Federal Relay Service at 

(800) 877–8339. 

For information regarding the 

Treasury-wide CMPs, contact Richard 

Dodson, Senior Counsel, General Law, 

Ethics, and Regulation, 202–622–9949. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In order to improve the effectiveness 

of CMPs and to maintain their deterrent 

effect, the Federal Civil Penalties 

Inflation Adjustment Act of 1990, 28 

U.S.C. 2461 note (‘‘the Inflation 

Adjustment Act’’), as amended by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Pub. L. 114–74) (‘‘the 2015 Act’’), 

requires Federal agencies to adjust each 

CMP provided by law within the 

jurisdiction of the agency. The 2015 Act 

requires agencies to adjust the level of 

CMPs with an initial ‘‘catch-up’’ 

adjustment through an interim final 

rulemaking and to make subsequent 

annual adjustments for inflation, 

without needing to provide notice and 


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