An Act To Promote Safety and Fair Labor Practices for Forestry Workers LR0266(02)
Maine Legislature, Session 121, LD 1380
Committee Amendment CA_A_H810 (House)

COMMITTEE AMENDMENT "A." to H.P. 1015, L.D. 1380, Bill, "An 
Act To 
Promote Safety and Fair Labor Practices for Forestry 
Workers" 
Amend 
the bill by 
striking out all 
of 
section 
and 
inserting in its place the following: 
'Sec. 1. 26 MRSA c. 7, sub-c. 2-A is enacted to read: 
SUBCHAPTER 2-A 
EMPLODIENT STANDARDS III THE FORESTRY INDUSTRY 
§641. 
Rule of construction 
This subchapter must be liberally construed in light of the 
purposes of the law to ensure a safe working environment and safe 
transportation 
for 
forestry 
workers 
and 
to 
prevent 
unfair 
competition in the marketplace by businesses whose practices 
would undermine safety and other employment standards. 
§642. Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Bureau. 
"Bureau" means the Department of Labor, Bureau 
of Labor Standards. 
2. 
Code 
of 
Federal 
Regulations. 
"Code 
of 
Federal 
Regulations" means the Code of Federal Regulations as of January 
L 
2003. 
Page l-LR0266(2) 
COMMITTEE AMENDMENT 
~. 
COMMITTEE AMENDMENT "A" to H.P. 1015, L.D. 1380 
3. 
Employer. 
"Eml>loyer" 
means 
a 
l>erson or entity that 
suffers or l>ermits any forestry worker to work. 
4. 
Forestry worker. 
"Forestry worker" or "worker" means a 
l>erson eml>loyed on 
a 
teml>orary or seasonal basis to l>erform 
reforestation 
activities, 
including, 
but 
not 
limited 
to, 
l>recommercial thinning, tree l>lanting and brush clearing. 
§643. 
TrpDsportation of workers 
1. 
Regpirement. 
An 
employer 
shall 
provide 
safe 
transportation for forestry workers between the workers' lodgings 
and work sites each day at no cost to the workers. 
A. 
A vehicle used to transport workers 
must meet the 
standards set forth in 29 
Code of Federal Regulations, 
Section 500.105, regardless of the number of miles traveled 
or the tYl>e of vehicle used, and must include a working seat 
belt for each worker being transported. 
Any vehicle used to 
transport 
forestry 
workers 
may 
not 
have 
any 
apparatus 
attached to the rear of the vehicle that interferes with the 
operation 
of 
the 
rear 
door. 
Equipment 
or 
any 
other 
materials that interfere with the operation of any doors or 
windows may not be attached to or stored in the vehicle. 
The number of occul>ants in any vehicle. other than a bus. 
may 
not 
exceed 
at 
any 
time. 
In 
the 
case 
of 
a 
IS-passenger van. 
compliance with this standard must be 
achieved by removal of the seating immediately behind the 
rear axle. 
Attachments are not allowed on the roofs of vans 
for the purpose of carrying gear. 
B. 
Any l>erson driving a vehicle used to transport workers 
must meet the driver qualifications and must follow the 
standards for driving set forth in 
Code 
of Federal 
Regulations. Section 500.105. 
c. 
Each vehicle used to transport workers must be equipped 
with a first aid kit consistent with 29 Code of Federal 
Regulations, section 1910.266, Appendix A and communications 
equipment capable of providing the most immediate access to 
emergency medical services. 
A vehicle equipped with such 
equipment and a driver must be available at or near the work 
site at all times during the work day. 
Emergency action 
plans. written in easily understandable English and in the 
language of the forestry worker crews, must be developed and 
maintained for each job site. Plans must include information 
on how to transport injured workers to the nearest emergency 
facility and how to direct emergency workers to the location 
of an injured worker who can not be moved. 
COMMITTEE AMENDMENT 
.2'~~ 
-
. 40 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1015, L.D. 1380 
D. 
An employer must make reasonable efforts to limit the 
driving hours of anyone driver in a day and to reduce 
driver fatigue generally. 
Hours of operation must also 
comply with the limitations set forth in 29 Code of Federal 
Regulations, 
Section 500.105. 
Except in an emergency, 
a 
worker 
who 
engages 
in reforestation activities 
may 
not 
operate a vehicle more than 2 hours per day. 
E. 
A vehicle used to transport workers must be insured for 
at least the Same minimum liability insurance as is required 
by the State. 
F. 
Each employer shall provide to each worker and to the 
Department 
of 
Labor 
a 
copy of off-road driving safety 
standards consistent with those promoted in relevant safe 
driver training courses. 
G. 
Each contract regarding or resulting in the employment 
of any forestry worker must include a provision requiring 
the contractor who employs forestry workers to abide by this 
subchapter. 
§644. 
Prohibition against discrimination and retaliation 
An employer or other person may not intimidate, threaten, 
restrain, coerce, blacklist, discharge, fail to recruit, fail to 
rehire or in any manner discriminate or retaliate against a 
forestry worker because the worker has: 
1. 
Proceedings. 
Made, 
filed, 
instituted, 
caused to be 
instituted or participated in any way in any proceeding under or 
related to this subchapter: 
2. 
Exercise of rights or protections. 
Exercised in any 
way, on the worker's own behalf or on behalf of others. any right 
or protection afforded by this subchapter; 
3. 
Discussions. 
Discussed any matter that is a subject of 
or is related in any way to this subchapter, or any other lawful 
matter, with any other person, including. but not limited to . 
that forestry worker's 
employer 
or 
the 
employer's 
agent 
or 
employee; or 
4. 
Complaints. 
Made. 
filed, 
instituted. 
caused 
to 
be 
instituted or participated in any way in any lawful complaint. 
lawsuit or other proceeding of any kind. 
§645. 
Waiver of rights prohibited 
COMMITTEE AMENDMENT 
-', 
COMMITTEE AMENDMENT .. 4 .. to H.P. 1015, L.D. 1380 
Any agreement by a forestry worker purporting to waive or 
modify any of the worker' s rights under this subchapter is void 
as contrary to public policy. 
§646. 
Violations; 
enforcement 
1. 
Joint and several liability. 
If more than one person or 
entity is an employer of the same forestry worker or group of 
workers. each such person or entity is jointly and severally 
liable for all violations of this subchapter. 
2. 
Enforcement by bureau. 
The bureau may inspect vehicles 
subject to this subchapter and used to transport forestry workers 
and m6.l" enforce compliance with this subchapter in accordance 
with this section. 
A. 
A duly designated officer of the bureau may enter into 
any structure or upon any real property in or on which a 
vehicle subject to this subchapter and used to transport 
forestry workers is found in accordance with the process 
established in section 587 in order to determine compliance 
with this subchapter and any rules adopted to implement this 
subchapter. 
B. 
Upon the written request of the bureau. the Department 
of Transportation and the Department of Public Safety shall 
provide any technical services that may be required by the 
bureau to assist with inspections and enforcement of this 
subchapter. 
3. 
Civil 
violation. 
An 
employer 
who 
violates 
this 
subchapter 
or 
any 
of 
the 
rules 
adopted 
to 
implement 
this 
subchapter commits a civil violation for which a fine of not less 
than $100 nor more than $1.000 for each violation. payable to the 
State. may be adjudged. 
A. 
Each d6.l" that a violation remains uncorrected following 
notice 
to 
the 
employer 
may 
be 
counted 
as 
a 
separate 
violation. 
B. 
The 
bureau 
may 
direct 
an 
employer 
to 
correct 
any 
violations in a manner and within a time frame that the 
bureau determines appropriate to ensure compliance with this 
subchapter and with the rules adopted to implement this 
subchapter or to protect the public health. 
Failure to 
correct violations within a time frame established by the 
bureau constitutes a separate violation subject to fine. 
COMM/rrEE AMENDMENT 
r 
••• , 
, -
COMMITTEE AMENDMENT ,,4 to H.P. 1015, L.D. 1380 
C. 
The Attorney General may bring an action to seek fines 
under 
this 
subsection, 
to 
enJoJ.n 
violations 
of 
this 
subchapter and for any other available remedy. 
Sec. 2. Report on safety efforts. 
By January 15, 2005 and by 
January 15th of each year thereafter, representatives of a trade 
association designated by forest landowners and forest management 
companies engaged in the practice of reforestation work shall 
report to the joint standing committee of the Legislature having 
jurisdiction over labor matters on a safety program designed to 
provide training, including driver training, first aid training 
and other appropriate safety training, 
and to improve safety 
standards, 
safety 
equipment 
and 
vehicles 
in 
reforestation 
activities. 
The report must include, but not be limited to, the 
number of contractors participating in the safety program in 
relation to the number operating in the State and a thorough 
summary of the substance of the training. 
Sec. 3. Working group. 
The 
Commissioner 
of 
Labor 
shall 
convene a working group of interested persons, including, but not 
limited to, forestry industry representatives, representatives of 
forestry workers and representatives of the workers' compensation 
insurance industry to determine what data are available that 
reflect the safety conditions of forestry workers and related 
matters and what additional data should reasonably be collected 
to assess and improve safety conditions. By February 15, 2005, 
the commissioner shall report on the results of the working 
group's work and shall recommend to the joint standing committee 
of the Legislature having jurisdiction over labor matters 
a 
system of regularly collecting and reporting such information to 
policy makers to help inform their efforts to improve safety in 
the forestry industry.' 
SUMMARY 
This amendment removes provisions of the bill that imposed 
requirements 
regarding 
housing 
and 
equipment 
and 
retains 
provisions 
relating 
to 
transportation. 
It 
modifies 
the 
definition of "employer" and modifies the safety provisions of 
the bill. 
The amendment adds a requirement that the forestry industry 
report on a safety program to the joint standing committee of the 
Legislature having jurisdiction over labor matters. 
Finally, it 
requires the Commissioner of Labor to convene a working group of 
interested 
persons 
to 
develop 
a 
system 
of 
collecting 
and 
reporting data 
for 
the 
purpose 
of 
improving 
the 
safety of 
forestry workers. 
FISCAL ~OTE REQt;lRED. 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/24/04 :b'/ac:.. 
Office of Fiscal and Program Review 
LD 1380 
An Act To Promote Safety and Fair Labor Practices for Forestry 
Workers 
LR0266(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
Fiscal Detail and Notes 
Additional costs to the Regulation and Enforcement program within the Department of Labor can be absorbed 
utilizing existing budgeted resources. However, the time associated with conducing the additional inspections 
required in this legislation may reduce the amount of time available to conduct other occupational safety and health 
inspections. The impact can not be determined at this time. 
Additional costs associated with enforcing this legislation can be absorbed by the Department of the Attorney General 
utilizing existing budgeted resources. 
Additional costs to the Department of Transportation and the Department of Public Safety to provide technical 
services if requested by the Department of Labor can be absorbed utilizing existing budgeted resources. 
LR0266(2) - Fiscal Note - Page 1 of 1