An Act To Enact the Toxic Chemicals in the Workplace Act
Maine Legislature, Session 127, LD 1165
Committee Amendment CA_A_H328 (House)

COMMITTEE AMENDMENT "f+, to H.P. 799, L.D. 1165, Bill, "An Act To 
Enact the Toxic Chemicals in the Workplace Act" 
Amend the bill in section 1 in § 1732 in subsection 2 in the 3rd line (page 1, line 16 in 
L.D.) by striking out the following: "manufacture of a product" and inserting the 
following: 'workplace' 
Amend the bill in section 1 in § 1732 by inserting after subsection 3 the following: 
'4. 
Authoritative bodies. 
"Authoritative bodies" means the United States 
Department of Health and Human Services, National Toxicology Program, Food and 
Drug Administration and Centers for Disease Control and Prevention; the United States 
Environmental Protection Agency; the World Health Organization; and the European 
Union, European Chemicals Agency.' 
Amend the bill in section 1 in § 1732 in subsection 4 in the first line (page 1, line 19 
in L.D.) by inserting after the following: "means" the following: 'any substance or 
mixture of substances and may be' 
Amend the bill in section 1 in § 1732 by striking out all of subsections 5, 6 and 7 
(page 1, lines 23 to 36 and page 2, lines 1 to 4 in L.D.) and inserting the following: 
'5. Credible scientific evidence. "Credible scientific evidence" means the results of 
a study, the experimental design and conduct of which have undergone independent 
scientific peer review, that are published in a peer-reviewed journal or publication of an 
authoritative federal or international governmental agency, including, but not limited to, 
the authoritative bodies. 
6. Employee. "Employee" means a current employee, a fonner employee or a 
person who may be permitted, required or directed by an employer in consideration of 
direct or indirect gain or profit to engage in any employment activities. 
7. 
Employer. 
"Employer" means an individual, partnership, association, 
corporation, legal representative, trustee in bankruptcy or any common carrier by rail, 
motor, water or air or express company doing business or operating within the State: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 799, L.D. 1165 
A. 
That is engaged in the manufacture within the State of products for sale or 
distribution in the State, nationally or internationally; 
B. That is engaged in any employment activities within the State involving the use or 
storage in the workplace of methylene chloride or perchloroethylene; 
C. That is engaged in any employment activities within the State involving the use or 
handling of chemicals by employees in the workplace or involving chemicals that are 
stored, generated, located or otherwise present in the workplace; or 
D. That is engaged in any employment activities within the State that include a 
workplace constructed of materials, and equipment in and around the workplace, that 
under normal conditions of use, construction or repair release a highly toxic chemical 
that poses a health risk to employees.' 
Amend the bill in section 1 in § 1732 in subsection 8 in the 2nd and 3rd lines (page 2, 
lines 6 and 7 in L.D.) by striking out the following: "and any other criteria determined by 
the department by rule" 
Amend the bill in section 1 in § 1732 by striking out all of subsection 10 (page 2, lines 
and 13 in L.D.) 
Amend the bill in section 1 in § 1732 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 1 by striking out all of § 1733 (page 2, lines 19 to 24 in 
L.D.) and inserting the following: 
'§1733. Designation of chemicals 
A highly toxic chemical designated and regulated by this chapter is a chemical for 
which there is credible scientific evidence that the chemical is a carcinogen, a mutagen, a 
reproductive toxin, a developmental toxin, an endocrine disruptor or a neurotoxicant. 
1. Consultation safety data sheets. The employer shall consult material safety data 
sheets for a chemical in the workplace to determine if the chemical is classified as a 
carcinogen, a mutagen, a reproductive toxin, a developmental toxin, an endocrine 
disruptor or a neurotoxicant. 
2. Consultation databases of authoritative bodies. The employer shall consult the 
databases of authoritative bodies to determine ·if a chemical in the workplace is classified 
as a carcinogen, a mutagen, a reproductive toxin, a developmental toxin, an endocrine 
disruptor or a neurotoxicant and is a candidate for transitioning to a safer alternative. 
3. Department website. The department shall publish and periodically update on its 
publicly accessible website lists of online databases that identify highly toxic chemicals 
subject to regulation under this chapter.' 
Amend the bill in section 1 in § 1734 in subsection 1 in the last line (page 2, line 36 in 
L.D.) by striking out the following: "1740 and 1743" and inserting the fo1l1owing: '1741 
and 1744' 
Amend the bill in section 1 in § 1734 in subsection 2 in the blocked paragraph in the 
2nd line (page 3, line 7 in L.D.) by inserting after the following: "members," the 
following: 'safety engineers, industrial hygienists,' 
COMMITTEE AMENDMENT 
_, G 
",-,\,." 
'-
...-
~.j ( 
\:.,.,t., 
COMMITTEE AMENDMENT" A" to H.P. 799, L.D. 1165 
Amend the bill in section 1 in §1735 in the headnote (page 3, line 9 in L.D.) by 
striking out the following: "toxic chemicals and" 
Amend the bill in section 1 in § 1735 in the fIrst paragraph in the 4th and 5th lines 
(page 3, lines 13 and 14 in L.D.) by striking out the following: "toxic chemical or a 
highly toxic chemical by the department" and inserting the following: 'highly toxic 
chemical' 
Amend the bill in section 1 in § 1736 in the first paragraph in the 3rd line (page 3, line 
in L.D.) by inserting after the following: "alternatives." the following: 'The transition 
team may consider other chemicals, both toxic and nontoxic, in a separate priority 
ranking.' 
Amend the bill in section 1 in §1736 in subsection 2 in the 2nd line (page 3, line 25 in 
L.D.) by striking out the following: "from the department" and inserting the following: 'to 
the employer' 
Amend the bill in section 1 in §1737 in subsection 1 in the last line (page 3, line 35 in 
L.D.) by inserting after the following: "chemical" the following: '. The employer shall 
contact chemical suppliers and manufacturers for possible safer alternatives' 
Amend the bill in section 1 in §1737 in subsection 3 in the first and 2nd lines (page 4, 
lines 4 and 5 in L.D.) by striking out the following: "as based on information available 
from the department" 
Amend the bill in section 1 by striking out all of § § 1738 and 1739 and inserting the 
following: 
'§1738. Testing, evaluation and implementation of safer alternative 
1. Develop testing process. After review of all information generated or collected 
under sections 1736 and 1737, the transition team shall, for each highly toxic chemical, 
determine whether to proceed with testing and evaluation of an alternative that the 
transition team determines to be a safer alternative. The transition team shall develop and 
implement a process for testing and evaluating the feasibility of transition to a safer 
alternative. 
2. Transition. If, after testing and evaluation of the safer alternative pursuant to this 
section, the transition team elects to proceed with transition on a permanent basis, the 
transition team shall develop and implement a process for permanent transition to the 
safer alternative. 
3. Permanent transition. If the results of the safer alternative analysis under 
sections 1736 and 1737 and the testing and evaluation under subsection 1 are favorable, 
the employer shall, with the transition team, develop and implement a process for 
permanent transition to the safer alternative. 
4. Process for decision of no transition. If, with proper iustification, the transition 
team elects not to proceed with permanent transition pursuant to subsection 3, the 
transition team shall record the basis for its decision. If the results of the safer alternative 
analysis under sections 1736 and 1737 and the testing and evaluation under subsection 1 
are favorable, the employer has not justified a decision not to proceed with the safer 
alternative. 
COMMITTEE AMENDMENT 
,f., 
(l~ ..... ' 
('< 
~ , 
~~--
~. 
COMMITTEE AMENDMENT" A" to H.P. 799, L.D. 1165 
If the employer elects not to proceed with the use of the safer alternative, the employer 
shall submit a report to the department detailing the basis for not proceeding. 
5. Additional information for work plan. Information developed and collected 
under this section must be added to the alternative chemical work plan. 
§1739. Discontinuance of safer alternative 
1. Discontinuance of safer alternative. At any time following completion of the 
permanent transition process to a safer alternative under section 1738, subsection 3, the 
employer may determine that substitution of the safer alternative is no longer technically, 
financially or otherwise feasible and elect to discontinue use of the safer alternative only 
if the provisions of subsections 2 and 3 are met. 
2. Justification of discontinuance. The employer may not discontinue use of a safer 
alternative following completion of the permanent transition process under section 1738, 
subsection 3 without proper justification. To justify a decision to discontinue use of the 
safer alternative, the employer shall, with the transition team, conduct another safer 
alternative analysis under sections 1736 and 1737 and review the testing and evaluation 
under section 1738, subsection 1. If the results of the safer alternative analysis and 
testing and evaluation continue to be favorable, the employer has not justified a decision 
to discontinue use of the safer alternative. 
3. Report of discontinuance. If the employer elects to discontinue use of a safer 
alternative under subsection 1, the employer shall submit a report to the department 
detailing the basis for discontinuation. Information developed and collected and reports 
submitted under this section must be added to the alternative chemical work plan. 
§1740. Self-audit by employer 
Every 3 years, an employer shall certify that the employer has audited the employer's 
compliance with this chapter. 
The audit must include review of the highly toxic 
chemicals previously identified in the alternative chemical work plan and review of 
whether there are new highly toxic chemicals to be evaluated for transitioning to safer 
alternatives. The employer shall develop a report of the audit fmdings and the response to 
the findings and shall also document that any deficiencies have been corrected. The audit 
report under this section must be added to the alternative chemical work plan, and the 
employer shall retain on file pursuant to section 1742 the 2 most recent audit reports.' 
Amend the bill in section 1 in § 1740 in the first paragraph in the 2nd line (page 4, 
line 36 in L.D.) by inserting after the following: "with" the following: 'identifying highly 
toxic chemicals, priorities for transition and' 
Amend the bill in section 1 in § 1740 in the first paragraph in the 4th line from the end 
(page 5, line-1 in L.D.) by inserting after the following: "time" the following: 'not to 
exceed 30 days' 
Amend the bill m section 1 in § 1740 in the first paragraph in the 3rd line from the 
end (page 5, line 2 in L.D.) by inserting after the following: "report on any" the 
following: 'activities related to this chapter and any' 
Amend the bill in section 1 in § 1741 in the first paragraph in the last line (page 5, line 
in L.D.) by striking out the following: "1740" and inserting the following: '1741' 
COMMITTEE AMENDMENT 
~ 
'~,\ 
. ,;,:,' -
(~.i~, ,,-
I 
3.8 
COMMITTEE AMENDMENT "A" to H.P. 799, L.D. 1165 
Amend the bill in section 1 in § 1741 in the 2nd paragraph in the last line (page 5, line 
in L.D.) by striking out the following: "1740" and inserting the following: '1741' 
Amend the bill in section 1 in §1742 in subsection 2 in the 4th line (page 5, line 23 in 
L.D.) by striking out the following: "a reasonable period of time" and inserting the 
following: '15 working days' 
Amend the bill in section 1 by striking out all of §1743 (page 5, lines 25 to 34 in 
L.D.) and inserting the following: 
'§1743. Annual employee training and informational materials 
The transition team must develop, implement and annually revise employee training 
and informational materials related to the alternative chemical work plan, including 
identifying highly toxic chemicals and priorities for transition, and any ongoing or 
completed transitions to safer alternatives under this chapter. 
Annual employee training must be conducted following the employee information 
and training section of the United States Department of Labor, Occupational Safety and 
Health·· Administration's globally harmonized system of classification and labeling of 
chemicals as found in 29 Code of Federal Regulations, Section 1910.1200(h). 
When relevant, training and informational materials developed under this section 
must be added to an alternative chemical work plan.' 
Amend the bill in section 1 by renumbering the section numbers to read 
consecutively. 
Amend the bill in section 2 by striking out all of the last sentence (page 6, lines 20 to 
in L.D.) 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides funds for 10 Occupational Health Specialist positions, one Office 
Associate IT position and one Occupational Health/Safety Program Supervisor position 
and related All Other to implement and enforce the laws regarding toxic chemicals in the 
workplace. 
GENERAL FUND 
2015-16 
2016-17 
POSITIONS - LEGISLATIVE COUNT 
0.000 
12.000 
Personal Services 
$0 
$702,085 
All Other 
$0 
$101,160 
GENERAL FUND TOTAL 
$0 
$803,245 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 799, L.D. 1165 
SUMMARY 
The bill enacts the Toxic Chemicals in the Workplace Act. This amendment, which 
is the minority report of the Joint Standing Committee on Labor, Commerce, Research 
and Economic Development, makes a number of changes to the bill, including the 
following: 
1. 
Expands the definition of "employer" to include employers engaged in 
employment activities involving the use, handling or storage of chemicals and employers 
with workplaces constructed of materials or including equipment that release highly toxic 
chemicals that pose a health risk to employees; 
2. Removes the requirement for the Department of Labor to designate toxic and 
highly toxic chemicals to be regulated by the Act, and instead further defines highly toxic 
chemicals and directs employers to identify them. The department is required to publish 
on its publicly accessible website lists of online resources that identify highly toxic 
chemicals; 
3. 
Requires an employer to contact chemical suppliers and manufacturers for 
possible safer chemical alternatives and to implement a process for permanent transition 
to the safer alternative chemicals. If the employer elects not to use safer alternative 
chemicals, the employer must submit a report to the Department of Labor detailing the 
basis for not proceeding with the transition to the safer alternative; 
4. Requires employers to complete a self-audit for compliance with this Act; and 
5. Requires annual employee training that follows the United States Department of 
Labor, Occupational Safety and Health Administration's globally harmonized system of 
classification and labeling of chemicals. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/15 
;!;Pac:.. 
LD 1165 
LR 1526(02) 
An Act To Enact the Toxic Chemicals in the Workplace Act 
Fiscal Note for Bill as Amended by Committee Amendment 1}CH -3:1 8) 
Committee: Labor, Coinmerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriationsl Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY2015-16 
FY2016-17 
$0 
$803,245 
$0 
$803,245 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2017-18 
$920,966 
$920,966 
Projections 
FY 2018-19 
$955,073 
$955,073 
This bill includes a General Fund appropriation of $803,245 in fiscal year 2016-17 to the Regulation and Enforcement 
program within the Department of Labor for 10 Occupational Health Specialist positions, one Office Associate II 
position, one Occupational Health/Safety Program Supervisor position and related all other costs associated with 
implementing and enforcing the laws regarding toxic waste in the workplace. This fiscal note assumes a position start 
date of September 1,2016. 
LR1526(02) - Fiscal Note - Page 1 of 1