An Act To Ensure Safety across Maine's Construction Industry
Maine Legislature, Session 130, LD 0469
Committee: Labor and Housing
Sponsors: SYLVESTER
Amends: 26 MRSA §1304, 26 MRSA §1317

Legislative Document
No. 469
H.P. 345
House of Representatives, February 16, 2021
An Act To Ensure Safety across Maine's Construction Industry
Received by the Clerk of the House on February 11, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1304, sub-§3-A is enacted to read:
3-A.  Craft worker.  "Craft worker" means a person who possesses experience and 
proficiency in a trade involved in building construction.
Sec. 2.  26 MRSA §1317 is enacted to read:
§1317.  Construction safety training requirements for craft workers
A contractor or subcontractor employing craft workers in the construction of public 
works shall require mandatory safety training for all craft workers in accordance with the 
requirements of this section.
1.  Mandatory safety training.  A contractor or subcontractor employing craft workers 
in the construction of public works shall require that all craft workers on the construction 
work site have completed a construction safety training program that uses a curriculum 
approved by the United States Department of Labor, Occupational Safety and Health 
Administration and is at least 10 hours in duration.
2.  Proof of compliance.  A contractor or subcontractor shall complete and submit to 
the Department of Labor as part of the contractor's or subcontractor's regular certified 
payroll submission process a signed statement of compliance that each craft worker has 
completed the training required in subsection 1.
3.  Posting of affidavit on job site.  A contractor or subcontractor shall post in a 
conspicuous location at each job site a signed affidavit that the contractor or subcontractor 
has met the requirements of this section.
4.  Issuance of a cease operations order.  The Commissioner of Labor or the 
commissioner's designee may order a contractor or subcontractor to cease business 
operations if the commissioner or the commissioner's designee determines:
A.  The contractor or subcontractor has failed to comply with this section; or
B.  The commissioner or the commissioner's designee has previously determined that 
the contractor's or subcontractor's practice or policy resulted in a failure to comply with 
this section on more than one occasion or within the last 12 months.
The commissioner or the commissioner's designee shall provide the contractor or 
subcontractor notice and an opportunity to be heard 3 business days before the effective 
date of a cease operations order issued pursuant to this subsection.  The issuance of a cease 
operations order constitutes final agency action.  The commissioner or the commissioner's 
designee shall design the cease operations order as narrowly as is determined necessary.  
Any person who is aggrieved by the imposition of a cease operations order has 10 days 
from the date of service of the order to make a request to the commissioner or the 
commissioner's designee for a hearing.  The hearing must be held within 7 business days 
of the request.  The hearing officer shall issue a decision within 5 business days of the 
hearing.  
If a contractor or subcontractor refuses to obey an order to cease operations, that order may 
be enforced in Superior Court.
5.  Stay of cease operations order.  The Commissioner of Labor or the commissioner's 
designee shall stay the issuance of a cease operations order under subsection 4, if the 
contractor or subcontractor provides evidence acceptable to the commissioner or the 
commissioner's designee that the contractor or subcontractor has met the requirements of 
this section.
6.  Rules.  The Commissioner of Labor may adopt rules to implement this section.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
SUMMARY
This bill requires a contractor or subcontractor with a public works contract with the 
State of $50,000 or more to certify all craft workers who will be on the construction site 
have taken a safety training program that uses a curriculum approved by the United States 
Department of Labor, Occupational Safety and Health Administration and that is at least 
hours in duration.  A contractor or subcontractor is required to provide proof of 
compliance by submitting a statement of compliance as part of its regular certified payroll 
submission.  The contractor or subcontractor is required to display at the job site an affidavit 
showing compliance.  The Commissioner of Labor or the commissioner's designee is 
authorized to issue a cease operations order if a contractor or subcontractor is not in 
compliance.  The Department of Labor is authorized to adopt rules to implement this 
section.