An Act To Update Maine Law To Conform to New Federal Occupational Safety and Health Administration Regulations
Maine Legislature, Session 127, LD 0699
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HERBIG, VOLK, AUSTIN, WARD, PATRICK
Amends: 26 MRSA §2, 26 MRSA §44

Legislative Document 
No. 699 
H.P. 475 
House of Representatives, March 5, 2015 
An Act To Update Maine Law To Conform to New Federal 
Occupational Safety and Health Administration Regulations 
(EMERGENCY) 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HERBIG of Belfast. 
Cosponsored by Senator VOLK of Cumberland and 
Representatives: AUSTIN of Gray, WARD of Dedham, Senator: PATRICK of Oxford. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the United States Occupational Safety and Health Administration 
implemented changes to its injury and illness recordkeeping requirements that became 
effective January 1, 2015; and 
Whereas, the State became a so-called state plan state for public sector employers in 
an effort to decrease General Fund costs and employer costs; and 
Whereas, state plan states must conform their statutes to the new federal provisions 
no later than July 1, 2015; and 
Whereas, the State's lack of compliance with the injury and illness recordkeeping 
requirements would cause loss of reimbursement to the State; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §2, as repealed and replaced by PL 2003, c. 244, §1, is amended 
to read: 
§2.  Reports of deaths and injuries 
1.  Reports of deaths.  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 shall, within 8 hours after the 
occurrence, report in writing or by telephone the death of any person in the workplace or 
on the premises to the Director of the Bureau of Labor Standards the death of any person 
in the workplace or on the premises, or the director's designee, by telephone or 
electronically, 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 that 
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. 
2.  Reports of serious physical injuries.  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 shall, 
within 24 hours after the occurrence, report in writing or by telephone all serious physical 
injuries requiring immediate hospitalization sustained by any person in the workplace or 
on the premises to the Director of the Bureau of Labor Standards all serious physical 
injuries requiring immediate hospitalization sustained by any person in the workplace or 
on the premises, or the director's designee, by telephone or electronically, 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.  A statement contained in any 
such report is not admissible in evidence in any action arising out of the accident 
reported. 
3.  Serious physical injuries defined.  "Serious physical injuries," as used in this 
section, means an incident that results in an amputation, loss or fracture of any body part 
or that necessitates immediate hospitalization or formal admission to the inpatient service 
of a hospital or clinic for care or treatment. 
Sec. 2.  26 MRSA §44, first ¶, as amended by PL 2013, c. 473, §2, is further 
amended to read: 
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 under sections 42 to 44, and may examine the methods of protecting 
employees from danger, the safety and health of employees and the sanitary conditions in 
and around the such 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 the workplace who refuses 
entry to the director or authorized agent of the bureau. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill ensures that the Department of Labor, Bureau of Labor Standards is in 
compliance with recent changes made by the federal Occupational Safety and Health 
Administration to its injury and illness recordkeeping requirements.  The federal 
Occupational Safety and Health Administration requires state plan states to implement 
these changes to conform to the new requirements no later than July 1, 2015, or risk a 
loss of federal reimbursement. 
Under current law, a person in charge of a workplace is required to report in writing 
or by telephone to the Director of the Bureau of Labor Standards the death of any person 
in the workplace or a serious physical injury requiring hospitalization sustained by a 
person in the workplace.  This bill replaces the requirement to report in writing or by 
telephone with a requirement to report by telephone or electronically and provides that 
the report may be made to the director or the director's designee.  It amends the definition 
of "serious physical injury."  It also authorizes the director and any authorized agent of 
the bureau to enter a public sector workplace for the purpose of examining the safety and 
health of employees.