An Act To Enable the Bureau of Labor Standards To Access Federal Reimbursement by Amending State Law To Conform to Federal Law
Maine Legislature, Session 126, LD 1643
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PATRICK, HERBIG, HAMANN, LOCKMAN, MALABY, VOLK
Amends: 26 MRSA §43, 26 MRSA §44, 26 MRSA §45, 26 MRSA §561, 26 MRSA §561-A, 26 MRSA §569, 26 MRSA §570

Legislative Document 
No. 1643 
S.P. 634 
In Senate, December 23, 2013 
An Act To Enable the Bureau of Labor Standards To Access 
Federal Reimbursement by Amending State Law To Conform to 
Federal Law 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative HERBIG of Belfast and 
Representatives: HAMANN of South Portland, LOCKMAN of Amherst, MALABY of 
Hancock, VOLK of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §43, as amended by PL 1971, c. 620, §13, is further amended to 
read: 
§43.  Facts and statistics; seal; testimony; sources confidential 
The director may furnish a written or printed list of interrogatories for the purpose of 
gathering such facts and statistics as are contemplated, to any person, or the proper officer 
of any corporation operating within the State, and may require full and complete answers 
thereto under oath.  The director shall have a seal, and may take and preserve testimony, 
issue subpoenas, administer oaths and examine witnesses under oath in all matters 
relating to the duties required of said the bureau.  Such testimony shall must be taken in 
some suitable place in the vicinity to which the testimony is applicable.  Witnesses 
summoned and testifying before the director shall must be paid, from any funds at the 
disposal of the bureau, the same fees as witnesses before the Superior Court.  In the report 
of said bureau no use shall be made of the, except safety and health reports, names of 
individuals, firms or corporations supplying the information called for by this section 
may not be used unless by written permission, such information being confidential and 
not for the purpose of disclosing personal affairs. 
Sec. 2.  26 MRSA §44, as amended by PL 1975, c. 519, §4, is further amended to 
read: 
§44.  Right of access 
The director as state factory inspector, and any authorized agent of the bureau, may 
enter any workplace as defined in section 1, provided by the State, or by a state agency, 
county, municipal corporation, school district or other public corporation or political 
subdivision when the same are open or in operation, for the purpose of gathering facts 
and statistics such as are contemplated by under sections 42 to 44, and may examine into 
the methods of protection protecting employees from danger to employees and the 
sanitary conditions in and around such the buildings and places, and may make a record 
of such inspection.  Upon petition of the director, a Superior Court in the county in which 
any refusal to permit entry or fact gathering or inspection was alleged to have occurred 
may order appropriate injunctive relief against any person in charge of said the workplace 
who refuses entry to the director or authorized agent of the bureau. 
Each employer subject to this section shall make, keep and preserve, and make 
available to the director or his the director's authorized agent, upon request, such records 
regarding his the employer's activities relating to occupational safety and health as the 
director may prescribe by regulation rule as necessary or appropriate for the enforcement 
of section 45 or any standard, rule or order promulgated adopted pursuant to section 565 
or for developing information regarding the causes and prevention of occupational 
accidents, diseases and illnesses.  Any information obtained by the director shall must be 
obtained with a minimum burden upon employers, especially those employing a small 
work force. 
The director bureau shall also issue regulations rules requiring that employers 
through posting of notices or other appropriate means, keep their employees informed of 
their protections and obligations under this chapter and chapter 6, including the 
provisions of applicable standards. 
Sec. 3.  26 MRSA §45, as amended by PL 1979, c. 95, §1, is further amended to 
read: 
§45.  Notice of improper conditions 
If, upon inspection, the director or any authorized agent of the bureau finds that an 
employer has violated a requirement of section 561-A or any rule or order promulgated 
adopted pursuant to section 565, he the director or the authorized agent of the bureau 
shall immediately issue a citation to the employer.  Each citation shall must be in writing 
and shall describe with particularity the nature of the violation, including a reference to 
the provision of this Title or the standard, rules, regulations or order alleged to have been 
violated.  In addition, the citation shall must fix a specific time for the abatement of the 
violation. 
Each citation issued under this section, or a copy or copies thereof, shall must be 
prominently posted at or near each place where a violation referred to in the citation 
occurred or existed.  In addition, employees must have access to their toxic exposure 
records or records of employee observation of exposure monitoring and measuring. 
Sec. 4.  26 MRSA §561, as enacted by PL 1969, c. 454, is repealed. 
Sec. 5.  26 MRSA §561-A is enacted to read: 
§561-A.  General duties 
1.  Employer duties.  An employer has the following duties. 
A.  An employer shall furnish to each employee employment and a place of 
employment that are free from recognized hazards that are causing or are likely to 
cause death or serious physical harm to the employee. 
B.  An employer shall comply with occupational safety and health rules adopted 
under this chapter. 
2.  Employee duties.  An employee shall comply with occupational safety and health 
rules and all rules adopted under this chapter that are applicable to the employee's own 
actions and conduct. 
Sec. 6.  26 MRSA §569, as amended by PL 2013, c. 70, Pt. B, §4, is repealed and 
the following enacted in its place: 
§569.  Rules 
The rules of the bureau must, at a minimum, conform to the standards of the federal 
Occupational Safety and Health Administration.  If a rule adopted by the bureau conflicts 
with the rule of another state agency with regard to standards, including conflicts of rules 
regarding employee health exposure, the bureau rule supersedes the other state agency 
rule. 
Sec. 7.  26 MRSA §570, as enacted by PL 1979, c. 95, §3, is amended to read: 
§570.  Discrimination 
No person shall A person may not discharge or in any manner discriminate against an 
employee because that person employee has filed any complaint concerning an alleged 
violations of occupational safety or health standards hazard or has testified or is about to 
testify in any proceeding relating to employee safety and health or because of the exercise 
by the employee on behalf of himself the employee or others of any right granted him by 
under this chapter. 
Any employee who believes that he the employee has been discharged or otherwise 
discriminated against by any person in violation of this section may, within 30 days after 
the alleged violation occurs, file a complaint with the director, alleging discrimination.  
Upon receipt of the complaint, the director shall conduct an investigation as he deems the 
director determines is appropriate. If upon investigation the director determines that the 
provisions of this chapter have been violated, he the director shall bring an action in the 
Superior Court in the county in which the alleged violation occurred.  In any action, the 
Superior Court shall have has jurisdiction, for cause shown, to restrain violations of this 
section and order all appropriate relief, including rehiring or reinstatement of the 
employee to his the employee's 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 the director's determination. 
SUMMARY 
This bill conforms laws regarding the enforcement of workplace safety by the 
Department of Labor, Bureau of Labor Standards to federal law, making the bureau 
eligible for federal funds.