An Act Regarding the Elimination of Highly Toxic and Hazardous Chemicals in the Workplace
Maine Legislature, Session 129, LD 1017
Committee: Labor and Housing
Sponsors: CARSON

Legislative Document
No. 1017
S.P. 296
In Senate, February 26, 2019
An Act Regarding the Elimination of Highly Toxic and Hazardous 
Chemicals in the Workplace
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARSON of Cumberland.
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to create statutory and regulatory requirements that are designed to 
prevent harm to employees by substituting for or eliminating highly toxic and hazardous 
chemicals in the workplace.  The bill would:
1.  Apply to industries, including, but not limited to, manufacturing, retail and 
service; automotive; auto body repair; shipbuilding; paper manufacturing; manufacturing 
of apparel or apparel components; medical equipment; construction; personal care 
product or feminine product manufacturing; coatings; textiles; lumber; plastics; 
technology services; and cleaning and janitorial services. The bill would not apply to 
agricultural employers in the State;
2.  Define "highly toxic and hazardous chemical" as a chemical that, based on 
credible scientific evidence, has a significant potential for harm to human health;
3.  Define "priority highly toxic and hazardous chemical" to include 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 neurotoxin;
4.  Define "safer alternative" as an alternative that, when compared to a highly toxic 
and hazardous chemical that it could replace, would reduce the potential for harm to 
human health or that has not been shown to pose the same or greater potential harm to 
human health as the highly toxic and hazardous chemical;
5.  Require employers in the State to identify and evaluate highly toxic and hazardous 
chemicals and, if feasible, eliminate those highly toxic and hazardous chemicals or 
substitute safer alternatives.  Specifically, it would require employers to:
A.  Identify and evaluate highly toxic and hazardous chemicals and eliminate the 
highly toxic and hazardous chemicals or substitute safer alternatives if feasible;
B.  Implement a plan for the elimination and substitution of highly toxic and 
hazardous chemicals in the workplace;
C.  Consult publicly accessible website lists and online databases that identify highly 
toxic and hazardous chemicals;
D.  Consult safety data sheets required by the federal Department of Labor, 
Occupational Safety and Health Administration to identify highly toxic and 
hazardous chemicals;
E.  Consult chemical suppliers and manufacturers to identify highly toxic and 
hazardous chemicals;
F.  Consult publicly accessible websites and databases that identify safer alternatives 
that may be substituted for highly toxic and hazardous chemicals;
G.  Contact chemical suppliers and manufacturers for possible safer alternatives;
H.  Identify steps necessary to be followed for the elimination or substitution of a 
highly toxic and hazardous chemical;
I.  Decide, with justification, whether substituting a highly toxic and hazardous 
chemical is feasible for business operations;
J.  In transitioning from a highly toxic and hazardous chemical to a safer alternative, 
use a transition team composed of employees and management;
K.  Together with the transition team, develop a priority ranking for all highly toxic 
and hazardous chemicals identified for transition to safer alternatives; and
L.  Conduct an alternatives analysis of the anticipated difficulty of transitioning to a 
safer alternative and a financial analysis of costs;
6.  Require the Commissioner of Labor to adopt rules and provide guidelines to assist 
employers in how to identify and evaluate highly toxic and hazardous chemicals and how 
to determine if safer alternatives exist. Specifically, it would require the commissioner to 
adopt rules:
A.  To define terms, including "affected employee," "alternative chemical," 
"alternative chemical work plan" and "chemical";
B.  To develop procedures to assist employers in implementing a program for the 
substitution of highly toxic and hazardous chemicals in the workplace; and
C.  Governing the implementation of safer alternatives; discontinuation of safer 
alternatives, justification and reporting; self-audits by employers; reporting 
requirements; records retention requirements; access to information, including 
employee access and access by the State; and provision of annual employee training 
and informational materials; and
7.  Require the Commissioner of Labor to:
A.  Identify publicly accessible website lists of online databases that identify highly 
toxic and hazardous chemicals;
B.  Make employers aware that safety data sheets required by the federal Department 
of Labor, Occupational Safety and Health Administration are a source for identifying 
highly toxic and hazardous chemicals;
C.  Identify publicly accessible websites that identify safer alternatives that may be 
substituted for highly toxic and hazardous chemicals currently employed in industry 
and business operations;
D.  Identify steps required for the elimination or substitution of a highly toxic and 
hazardous chemical, including the criteria for justification of whether eliminating or 
substituting for a highly toxic and hazardous chemical is feasible for employers' 
business operations; and
E.  Enforce the provisions of the law.