reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-05 - OPPORTUNITY TO BE HEARD

Current through 2024-29, July 17, 2024
A. The opportunity
				for hearing shall be afforded without undue delay.
B. Unless limited by stipulation under Rule
				1.02(B) or by Board order pursuant to Rule 1.03 (b or D) or unless otherwise
				limited by the Board to prevent repetition or unreasonable delay in
				proceedings, every party shall have the right to present evidence and arguments
				on all issues, and at any bearing to call, and examine witnesses and to make
				oral cross-examination of any person present and testifying.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-06 - EVIDENCE

Current through 2024-29, July 17, 2024
A. The Board need not observe the rules of
				evidence observed by the courts, but shall observe the rules of privilege
				recognized by law.
B. Evidence
				shall be submitted if it is the kind of evidence upon which reasonable persons
				are accustomed to rely in the conduct of serious affairs. The Board may exclude
				irrelevant or unduly repetitious evidence.
C. All witnesses shall be sworn.
D. Subject to these requirements, the Board
				may, for the purposes of expediting adjudicatory proceedings, require the
				prefiling of all or part of the testimony of any witness in written form. Every
				such witness shall be subject to oral cross-examination.
E. No sworn written evidence shall be
				admitted unless the author is available for cross-examination or subject to
				subpoena, except for good cause shown.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-07 - OFFICIAL NOTICE

Current through 2024-29, July 17, 2024
A. The Board may
				take official notice of any facts of which judicial notice could be taken, and
				in addition may take official notice of general, technical or scientific
				matters within their specialized knowledge and of statutes, regulations and
				nonconfidential agency records. Parties shall be notified of the material so
				noticed, and they shall be afforded an opportunity to contest the substance or
				materiality of the facts noticed.
B. Facts officially noticed shall be included
				and indicated as such in the record.
C. Notwithstanding the foregoing, the Board
				may utilize their experience, technical competence and specialized knowledge in
				the evaluation of the evidence presented to them.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-08 - RECORD

Current through 2024-29, July 17, 2024
A. In all adjudicatory proceedings the Board
				shall make a record consisting of the following:
1. All applications, pleadings, motions,
				preliminary and interlocutory rulings and orders;
2. Evidence received or considered;
3. A statement of facts officially
				noticed;
4. Offers of proof,
				objections and rulings thereon;
5.
				Proposed findings and exceptions, if any;
6. The recommended decision, opinion or
				report, if any, by the presiding officer;
7. The decision of the Board; and
8. All staff memoranda submitted to the
				members of the Board or other presiding officers by Board staff in connection
				with their consideration of the case, except memoranda of counsel to the
				Board.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-09 - SUBPOENAS

Current through 2024-29, July 17, 2024
A. Pursuant to Title 5 MRSA §9060, the
				Board may issue a subpoena if it first obtains the approval of the Attorney
				General or of any deputy attorney general. Any party to the proceeding may
				request that a subpoena be issued.
B. Authorized subpoenas shall be issued in
				accordance with the following:
1. The form of
				the subpoena shall adhere, insofar as practicable, to the form used in civil
				cases before the courts. Witnesses shall be subpoenaed only within the
				territorial limits and in the same manner as witnesses in civil cases before
				the courts, unless another territory or manner is provided by law.
2. The subpoena shall show on its face the
				name and address of the party at whose request it was issued.
3. Any witness subpoenaed may petition the
				Board to vacate or modify a subpoena in its name. The Board shall give prompt
				notice to the party who requested issuance of the subpoena. After such
				investigation as the agency considers appropriate, it may grant the petition in
				whole or in part upon a finding that the testimony or the evidence whose
				production is required does not relate with reasonable directness to any matter
				in question, or that a subpoena for the attendance of a witness or the
				production of evidence is unreasonable or oppressive or has not been issued a
				reasonable period in advance of the time when the evidence is
				requested.
4. Pursuant to Title 5
				MRSA §9060(1) (D) failure to comply with a subpoena lawfully issued and
				not revoked or modified shall be punishable by a fine of not less than $500.00
				and not more than $5,000, or by imprisonment not to exceed 30 days, or
				both.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-10 - DECISIONS

Current through 2024-29, July 17, 2024
A. Every Board decision made at the
				conclusion of an adjudicatory proceeding shall be in writing or stated in the
				record, and shall include findings of fact sufficient to apprise the parties
				and any interested member of the public of the basis for the decision. A copy
				of the decision shall be delivered or promptly mailed to each party to the
				proceeding or his representative of record. Written notice of the party's
				rights to review or appeal of the decision within the Board or review of the
				decision by the courts, as the case may be, and of the action required and the
				time within which such action must be taken in order to exercise the right of
				review or appeal, shall be given to each party with the decision.
B. The Board shall maintain a record of the
				vote of each member of the Board with respect to the Board decision.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-11 - PRESIDING OFFICERS

Current through 2024-29, July 17, 2024
A. The Board may
				authorize any Board member to act as presiding officer in any
				hearing.
B. Whenever a presiding
				officer is disqualified or it becomes impracticable for him to continue the
				hearing, another presiding officer may be assigned to continue with the
				hearing; provided that, if it is shown substantial prejudice to any party will
				thereby result, the substitute officer shall commence the hearing
				anew.
C. It shall be the duty of
				the presiding officer to:
1. Administer oaths
				and affirmations;
2. Rule on the
				admissibility of evidence;
3.
				Regulate the course of the hearing, set the time and place for continued
				hearings, and fix the time for filing of evidence, briefs and other written
				submissions; and
4. Take other
				action authorized by statute or Board rule.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 1 - PROCEDURAL RULES › Section 179-1-12 - ADVISORY RULINGS

Current through 2024-29, July 17, 2024
A. Advisory rulings
				may be made with respect to the applicability of any statute or rule
				administered by the Board to an interested person or his property or actual
				state of facts.
B. An interested
				person means any person over whom the Board has authority to inspect and
				enforce its safety standards.
C.
				All requests for advisory rulings shall be made in writing and submitted to the
				Director of the Bureau of Labor, State Office Building, Augusta, Maine. Such
				requests shall state the facts and statutes or rules on which the ruling is
				requested.
D. The Director of the
				Bureau of Labor may request from any person seeking an advisory ruling any
				additional information that is necessary. Failure to supply such additional
				information shall be cause for the Board to decline to issue an advisory
				ruling.
E. The Board may decline to
				issue an advisory ruling if a citation or penalty has been issued against the
				person requesting the ruling on the same factual grounds. The Board may also
				decline to issue an advisory ruling if such a ruling may harm the Board's
				interest in any litigation in which it is or may be a party.
F. All advisory rulings shall be issued, in
				writing no later than 30 days from the date all information necessary to make a
				ruling has been received by the Director of the Bureau of Labor.
G. No advisory ruling shall be binding upon
				the Board provided that in any subsequent enforcement action initiated by the
				Board, any person's reliance on such a ruling shall be considered in mitigation
				of any penalty sought to be assessed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 2 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR GENERAL INDUSTRY EMPLOYMENT IN THE PUBLIC SECTOR › Section 179-2-1 - Incorporation by Reference

Current through 2024-29, July 17, 2024
The State Board of Occupational Safety and Health adopts the
General Industry Standards for Occupational Safety and Health
as promulgated by the U.S. Department of Labor, Occupational Safety and Health
				  Administration as Title 29
Code of Federal Regulations
, Part
				  1910, revised as of July 14, 2021.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 2 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR GENERAL INDUSTRY EMPLOYMENT IN THE PUBLIC SECTOR › Section 179-2-2 - Special Maine Rule (SMR) ME 1910.134 - Respiratory Protection amendments

Current through 2024-29, July 17, 2024
The attached amendments to 1910.134 adopted May 3, 1999 to
				  become effective in two stages. October 1, 1999 for written program completion;
				  August 2, 2000 for full implementation.
AMENDMENTS TO
29 CFR
				  1910.134
ADOPTED MAY 3, 1999
A) Periodic medical evaluations will be
				conducted as follows: The medical evaluation will include questions 1-15, Part
				A section 2 in Appendix C. Any "yes" answers to these questions require a
				medical follow-up. Part "B" of the medical questionnaire is optional at the
				discretion of the PLHCP.
B)
				Periodic medical evaluation shall be administered according to the following
				schedule:
Employees: Up through 35 years of age - at least every 5
				  years
36 to 40 years of age - at least every 2 years
Over 40 years old - at least annually
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION INDUSTRY EMPLOYMENT IN THE PUBLIC SECTOR › Section 179-3-1 - Incorporation by Reference

Current through 2024-29, July 17, 2024
A. The State Board
				of Occupational Safety and Health adopts the
Construction Industry
				Standards for Occupational Safety and Health
as promulgated by the U.
				S. Department of Labor, Occupational Safety and Health Administration, Title
				29,
Code of Federal Regulations
, Part 1926 revised as of
				August 31, 2022.
B. The State Board
				of Occupational Safety and Health adopts the
Construction Industry
				Standards for Occupational Safety and Health
as promulgated by the
				U.S. Department of Labor, Occupational Safety and Health Administration, Title
				29,
Code of Federal Regulations
, Part 1926.200(g)(2) 2009
				edition Part VI
Manual for Uniform Traffic Control
				Devices
.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 4 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FIREFIGHTING IN THE PUBLIC SECTOR › Section 179-4-I - Definitions

Current through 2024-29, July 17, 2024
A.
Fire Department
"Fire Department" refers to a municipal fire department, as
				  defined in Title 30-A, Section 3151(1) or a volunteer fire association, as
				  defined in Title 30-A, Section 3151(3).
B.
Firefighter
"Firefighter" refers to a municipal firefighter, as defined
				  in Title 30-A, Section 3151(2) or a volunteer firefighter, as defined in Title
				  30-A, Section 3151(4).
C.
Full Protective Equipment
"Full Protective Equipment" refers to protective equipment
				  and clothing as listed in the Minimum Safety Standards for Firefighters Statute
				  Title 26, Section 2103(1) through (9).
D.
Records and Training-Records
1. "Records" means records maintained by
				municipal fire departments and Volunteer fire associations listing:
A. The date of each inspection and finding
				for each and every SCBA and the signature or initials of the person making the
				inspection.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 4 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FIREFIGHTING IN THE PUBLIC SECTOR › Section 179-4-II - The Role of the Bureau of Labor Standards

Current through 2024-29, July 17, 2024
The role of the Bureau of Labor Standards shall include but
				  not be limited to:
A. Investigating
				workplace injuries and fatalities (Title 26, Section 2 ), investigating written
				employee complaints (Title 26, Section 50 ), and issuing citations for
				violations of safety standards. (Title 26, Sections 43, 44, 44- A, 45, 46,
				49)
B.
Conducting routine BLS
				inspections
Reviewing inventories, records and training records kept by
				  municipal fire departments and volunteer fire associations to ensure compliance
				  with the provisions of the Minimum Safety Standards for Firefighters statute
				  and rules of the Board of Occupational Safety and Health.
C. Advising municipal fire departments and
				volunteer fire associations on procedures for recordkeeping, inspections of
				protective equipment and meeting the requirements of various standards for new
				purchases of protective equipment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 4 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FIREFIGHTING IN THE PUBLIC SECTOR › Section 179-4-III - Federal OSHA Standards

Current through 2024-29, July 17, 2024
Federal OSHA Standards, located at 29 CFR Sections 1910 and
				  1926, as incorporated by the Board of Occupational Safety and Health 12-179 CMR
				  all chapters as applicable will also apply to municipal fire departments and
				  volunteer fire associations.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 4 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FIREFIGHTING IN THE PUBLIC SECTOR › Section 179-4-IV - Full Protective Equipment

Current through 2024-29, July 17, 2024
Full protective equipment is required in firefighting
				  interior structural fires. It is not considered necessary for grass and
				  traditional forest firefighting in most instances, unless determined necessary
				  by local command decision or the Chief on the scene.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-I - Definitions

Current through 2024-29, July 17, 2024
A.
Public Safety Diver
: Any
				individual who engages in compressed gas diving activities under the direction
				of a public employer subject to rules adopted under Title
				26 MRSA
				§565 and §
									2107.
B.
Public Safety Dive
:
				Compressed gas diving performed in the interest of search and rescue or related
				public safety purposes, which does not meet the definitions for commercial,
				scientific, or other diving activities as described in 29 CFR 1910 Subpart T or
				29 CFR 1926 Subpart Y as adopted under agency work rules 12-179 Chapter 2,
				general industry, and Chapter 3, construction standards.
C.
Public Safety Dive Team
:
				Personnel trained in public safety dive operations, including public safety
				divers and support personnel.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-II - Dive Manual

Current through 2024-29, July 17, 2024
A. Each agency
				conducting public safety diving shall develop and maintain a written dive
				operations manual that contains policies and procedures to protect divers. Each
				dive manual shall be reviewed annually.
B. Each dive manual shall contain, at a
				minimum, the following sections:
1.
				Scope
2. Dive Operations Chain of
				Command
3. Standard Operating
				Procedures (SOP) for Dive Operations
4. Equipment maintenance/inspection
5. Medical Evaluation and Clearance
6. Training
7. Emergency Action Plan
8. Recordkeeping
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-IV - Dive Operations Chain of Command

Current through 2024-29, July 17, 2024
Each agency shall establish a written chain of command with a
				  clear chain of responsibility and duties within a dive program including but
				  not limited to: divers, supervisors and administration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-V - Standard Operating Procedures (SOP) for Dive Operations

Current through 2024-29, July 17, 2024
Each agency shall establish written standard operating
				  procedures for dive operations. Procedures shall be established based on dive
				  type, dive parameters and recognized dive safety practices. A process of hazard
				  assessment, which will include personal protective equipment, shall be included
				  as part of standard operating procedures.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-VI - Equipment Maintenance/Inspection

Current through 2024-29, July 17, 2024
Each agency shall ensure and document that all dive-related
				  equipment is inspected and maintained in accordance with manufacturer
				  recommendations. Each agency shall keep a written inventory of dive-related
				  equipment. All dive-related equipment shall be inspected for wear or damage
				  prior to each use.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-VII - Medical Evaluation and Clearance

Current through 2024-29, July 17, 2024
Every public safety diver must receive a written medical
				  clearance for diving by a physician or other licensed health care professional
				  (PLHCP) at least every eighteen (18) months. Following any major injury or
				  illness requiring medical attention beyond first aid, additional written
				  medical clearance by PLHCP shall be obtained before resuming diver
				  duties.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-VIII - Training

Current through 2024-29, July 17, 2024
A. Each public safety diver shall possess, at
				a minimum, a nationally recognized diver certification.
B. Each agency shall ensure dive team members
				are trained in cardiopulmonary resuscitation (CPR), First Aid, Automatic
				External Defibrillator (AED) and the proper administration of oxygen, if
				licensed to do so.
C. Dive team
				members shall be trained or certified proficient for the requirements of
				various dive operations for which they are assigned D. Training shall be
				commensurate with duties and type of dive operations, including, but not
				limited to:
1. Use of tools and equipment 2.
				Techniques of diving 3. Emergency procedures 4. Hyperbaric conditions 5.
				Recordkeeping and log books 6. Watercraft operation
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-IX - Emergency Action Plan

Current through 2024-29, July 17, 2024
Each Agency shall develop a written emergency action plan.
				  The emergency action plan shall include, but is not limited to, emergency
				  procedures for equipment failure, adverse conditions, and medical illness or
				  injury. This plan shall be integrated into the Dive Manual and any training
				  provided to dive teams.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 5 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR PUBLIC SAFETY DIVING › Section 179-5-X - Recordkeeping

Current through 2024-29, July 17, 2024
A. Each agency shall maintain written records
				of all operational and training dive activities. Records kept shall include:
1. Medical clearance for each
				diver.
2. Training
				records.
3. Equipment
				inspection/maintenance records.
4.
				Dive records. Dive records shall include, but not limited, to the following:
a. Type of Dive
b. Date
c. Name of Dive Supervisor
d. Name and Role of Dive Members
e. Location
f. Surface and Subsurface Environmental
				Conditions
g. Dive Profile
h. Unusual Incidents
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-1 - Incorporation by reference

Current through 2024-29, July 17, 2024
The State Board of Occupational Safety and Health adopts the
Regulation and Related Interpretations for Recording and Reporting
				  Occupational Injuries and Illnesses
as adopted by the US Department of
				  Labor, Occupational Health and Safety Administration at Title 29 Code of
				  Federal Regulations Part 1904, revised as of June 3, 2021.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-2 - Exception to 29 CFR 1904.2 - Industry Exemption

Current through 2024-29, July 17, 2024
The rule for "Partial Exemptions for Certain Establishments"
				  (under
				  29 CFR
				  1904.2 ) does not apply to public sector
				  establishments in the state of Maine. See the clarifications below:
A. All public sector employers with eleven or
				more employees at any time during the calendar year preceding the current
				calendar year shall maintain records of occupational injuries and illnesses
				(OSHA forms 300, 300A, 301).
B. A
				public sector employer who had no more than ten employees at any time during
				the calendar year preceding the current calendar year is exempt unless the
				employer is notified in advance and in writing by the Bureau of Labor Standards
				that it has been selected to participate in the Survey of Occupational Injuries
				and Illnesses (SOII). If that is the case the employer must maintain all
				appropriate occupational injury and illness forms (OSHA forms 300, 300A, 301).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-3 - Supplement to 29 CFR 1904.46 - Definition of "Employee"

Current through 2024-29, July 17, 2024
The definition of "Employee" in
				  29
				  U.S.C. 652, as referenced by
				  29
				  CFR 1904.46, is expanded for purposes of this
				  chapter to include: any person who is employed, required, permitted, elected,
				  or volunteers to work on behalf of the employer.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-4 - Supplement to 29 CFR 1904.46 - Definition of "Employer"

Current through 2024-29, July 17, 2024
The definition of "Employer" in
				  29
				  U.S.C. 652, as referenced by
				  29
				  CFR 1904.46, is expanded for purposes of this
				  chapter to include: any state, county, municipal corporation, school district
				  or other political corporation or political subdivision having employees. For
				  purposes of applying this chapter the Bureau shall consider the highest
				  organizational unit to be the employer. (For example: The state department
				  rather than the bureau, the town rather than the municipal
				  department.).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-5 - Supplement to 29 CFR 1904.32 - Company executive for certification of annual summary

Current through 2024-29, July 17, 2024
The requirement of certifying the annual summary log, a
				  company executive under 29 CPR 1904.32 is expanded to include: a town or city
				  manager, the commissioner of a state department, a county administrator or
				  sheriff, a school superintendent or principal, or a manager of a special
				  district. It may also be the highest ranking supervisor at the establishment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-6 - Supplement to 29 CFR 1904.39 - Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents

Current through 2024-29, July 17, 2024
The requirement of reporting a serious incident, as
				  referenced by
				  29
				  CFR 1904.39, is expanded to include: a
				  fracture or amputation of any body part. This notification is required
				  regardless of whether the employee requires inpatient
				  hospitalization.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-7 - Supplement to 29 CFR 1904.42 - Statistical Program

Current through 2024-29, July 17, 2024
A. The Bureau of Labor Standards is the State
				Grant Agency that conducts the annual Survey of Occupational Injuries and
				Illnesses (SOII) in the State of Maine under a grant provided by the U. S.
				Bureau of Labor Statistics. The Bureau will conduct this survey in a manner
				designed to produce estimates for all Maine public sector classifications which
				meet U. S. Bureau of Labor Statistics publication standards.
B. The Bureau of Labor Standards will
				maintain a complete listing of state and local government and all other public
				sector employers in Maine, including pertinent addresses, employment and
				contact information and provide that list to the Federal Bureau of Labor
				Statistics in timely fashion, to be incorporated into the SOII survey sampling
				frame for each respective reporting year.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-8 - Electronic Submission of OSHA Injury and Illness Records

Current through 2024-29, July 17, 2024
All rules detailed under
				  29
				  CFR 1904.41 apply to Maine public sector
				  employers.
A. Please note that the
				only Maine public sector establishments subject to electronic submission are
				those establishments covered under 1904.41(a)(l), 1904.41(a)(2) and those
				establishments whose NAICS code is listed under
Appendix A to Subpart E
				of Part 1904-Designatcd Industries for §1904.41(a)(2)
.
B. Specifically, certain public sector
				establishments will NOT be required to electronically submit their OSHA injury
				and illness records but are still required to maintain the OSHA 300, 300A, 301
				(or equivalent) forms and
must still comply with a request from the
				Federal Bureau of Labor Statistics under 1904.42 (The Survey of Occupational
				Injuries and Illnesses)
. These establishments include (but are not
				limited to): public elementary and secondary schools, public universities and
				colleges, police departments, fire departments, parks and recreation
				departments, town administration, etc.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 6 - RECORDING OCCUPATIONAL INJURIES AND ILLNESSES IN THE PUBLIC SECTOR › Section 179-6-9 - Overlap with MRSA, Title 26, Chapter 1, Section 2

Current through 2024-29, July 17, 2024
MRSA, Title 26, Chapter 1, Section
				  2 imposes obligations to report certain
				  workplace injuries or deaths. Employers are required to comply with both the
				  statute and 29 CFR Part 1904, as adopted by this Chapter. Where there is
				  overlap between the statute and this Chapter, employers must comply with
				  whichever requirements is more protective.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 7 - MINIMUM DRIVER TRAINING REQUIREMENTS FOR FIRE APPARATUS › Section 179-7-I - APPARATUS DRIVER OPERATING PROCEDURES AND POLICIES

Current through 2024-29, July 17, 2024
All Maine Fire Departments must establish Standard Operating
				  Procedures or Policies (SOPs) for all fire apparatus drivers that, at a
				  minimum, include the following:
A. All
				apparatus drivers must possess a valid driver's license.
B. The Fire Department shall have written
				SOPs/Policy for:
1. Apparatus driver
				selection.
2. Annual review of each
				apparatus driver's motor vehicle driving history by the Chief.
3. Emergency vehicle response.
4. Use of seat belts.
5. Backing the apparatus.
6. Apparatus maintenance.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 7 - MINIMUM DRIVER TRAINING REQUIREMENTS FOR FIRE APPARATUS › Section 179-7-II - APPARATUS DRIVER TRAINING REQUIREMENTS

Current through 2024-29, July 17, 2024
All Maine Fire Departments must establish training programs
				  for all fire apparatus drivers that, at a minimum, include the
				  following:
A. A review of all
				applicable Maine Title 29-A motor vehicle laws.
B. Apparatus drivers must complete an
				Emergency Vehicle Operations Course (EVOC), or attend Commercial Driver License
				(CDL) training or other training that meets National Fire Protection
				Association (NFPA) 1002 training for drivers.
C. Apparatus drivers must have a general
				knowledge of the specific vehicle(s), equipment and their proper
				operation.
D. Apparatus drivers'
				skills must be evaluated on each vehicle they will drive using a skills
				evaluation form such as: Bureau of Labor Standards (BLS), Volunteer Fireman
				Insurances Services (VFIS), Maine Municipal Association (MMA) or
				other.
E. Apparatus drivers' skills
				must be assessed every 3 years.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 7 - MINIMUM DRIVER TRAINING REQUIREMENTS FOR FIRE APPARATUS › Section 179-7-IV - APPARATUS DRIVER TRAINING RECORDS

Current through 2024-29, July 17, 2024
Individual apparatus driver training records must be
				  maintained for duration of the individual's employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 8 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR WHISTLEBLOWER/DISCRIMINATION IN THE PUBLIC SECTOR › Section 179-8-1 - Prohibition Against Discrimination

Current through 2024-29, July 17, 2024
As set forth in
				  26 M.R.S.
				  §570, a person may not discharge or in
				  any manner discriminate against an employee because that employee has filed any
				  complaint concerning an alleged occupational safety or health 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 the employee
				  or others of any right under this chapter.
Any employee who believes that 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 the director
				  determines is appropriate. If upon investigation the director determines that
				  the provisions of this chapter have been violated, 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 has jurisdiction, for cause shown,
				  to restrain violations of this section and order all appropriate relief,
				  including rehiring or reinstatement of the employee to 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 the director's
				  determination.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 8 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR WHISTLEBLOWER/DISCRIMINATION IN THE PUBLIC SECTOR › Section 179-8-2 - Incorporation by Reference

Current through 2024-29, July 17, 2024
In addition to the provisions of state law in the preceding
				  section, the State Board of Occupational Safety and Health adopts where
				  applicable to public employees under the authority of the Board the
Standards for Occupational Safety and Health
as promulgated by
				  the U.S. Department of Labor, Occupational Safety and Health Administration as
				  Title 29
Code of Federal Regulations
, Part 1977, revised as of
				  June 1, 2018.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 8 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR WHISTLEBLOWER/DISCRIMINATION IN THE PUBLIC SECTOR › Section 179-8-3 - Exception

Current through 2024-29, July 17, 2024
All references to Secretary of Labor in 29 CFR Part 1977
				  shall mean Director, Bureau of Labor Standards.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 9 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR ISSUING VARIANCES IN THE PUBLIC SECTOR › Section 179-9-1 - Variance

Current through 2024-29, July 17, 2024
As set forth in
				  26 M.R.S.
				  §571, any affected employer may apply to
				  the director for order for a variance from a standard promulgated under this
				  chapter. Affected employees shall be given notice of each application and an
				  opportunity to participate in a hearing. The director shall issue the order if
				  he determines on the record, after a hearing and, where appropriate, an
				  inspection, that the proponent of a variance has demonstrated by a
				  preponderance of the evidence that the conditions, practices, means, methods,
				  operations or processes used or proposed to be used by an employer will provide
				  employment and places of his employment to his employees which are as safe and
				  healthful as those which would prevail if he complied with the standard. Such
				  an order may be summarily revoked by the director on his own motion or modified
				  or revoked by the director upon application by an employer or employee in the
				  manner prescribed for its issuance. Any person aggrieved by an order of the
				  director may appeal, at any time, from the order to the board under the process
				  established in
				  26 M.R.S.
				  §568.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 9 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR ISSUING VARIANCES IN THE PUBLIC SECTOR › Section 179-9-2 - Incorporation by Reference

Current through 2024-29, July 17, 2024
In addition to the provisions of state law in the preceding
				  section, the State Board of Occupational Safety and Health adopts where
				  applicable to public employees under the authority of the Board the
Standards for Occupational Safety and Health
as promulgated by
				  the U.S. Department of Labor, Occupational Safety and Health Administration as
				  Title 29
Code of Federal Regulations
, Part 1905, revised as of
				  June 1, 2018.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 9 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR ISSUING VARIANCES IN THE PUBLIC SECTOR › Section 179-9-3 - Exception

Current through 2024-29, July 17, 2024
All references to Secretary of Labor in 29 CFR Part 1905
				  shall mean Director, Bureau of Labor Standards.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 179 - OCCUPATIONAL SAFETY AND HEALTH BOARD › Chapter 10 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SECTION 1908 CONSULTATION GUIDELINES IN THE PUBLIC SECTOR › Section 179-10-1 - Incorporation by Reference

Current through 2024-29, July 17, 2024
The State Board of Occupational Safety and Health adopts
				  where applicable to public employees under the authority of the Board the
Standards for Occupational Safety and Health
as promulgated by
				  the U.S. Department of Labor, Occupational Safety and Health Administration as
				  Title 29
Code of Federal Regulations
, Part 1908, revised as of
				  June 1, 2018.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-1 - Effective Date

Current through 2024-29, July 17, 2024
The rules of the Maine Labor Relations Board (Board)
				  contained in Chapters 10 through 13 are effective as of July 1, 2023. All
				  actions pending as of that date are subject to these rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-2 - Applicability

Current through 2024-29, July 17, 2024
The Board's rules apply to employers, employees, employee
				  organizations or bargaining agents as defined in the Municipal Public Employees
				  Labor Relations Law,
				  26
				  M.R.S.A. §962, the
State
				  Employees Labor Relations Act
,
				  26
				  M.R.S.A. §979-A, the
University
				  of Maine System Labor Relations Act
,
				  26
				  M.R.S.A. §1022 or the
Judicial
				  Employees Labor Relations Act
,
				  26
				  M.R.S.A. §1282.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-3 - Fees and Expenses

Current through 2024-29, July 17, 2024
The parties are required to share the costs of the Board
				  members' per diem and expenses for hearings held on Prohibited Practice
				  Complaints, Interpretive Rulings, and appeals of unit matters or appeals of
				  election matters. No fees are required for costs related to prehearing
				  conferences, unit composition hearings or election
				  procedures.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-6 - Computation of Time Periods

Current through 2024-29, July 17, 2024
In computing any period of time prescribed or allowed by
				  these rules or by any applicable statute, the day of the act or event after
				  which the designated period of time begins to run is not included. The last day
				  of the period is included, unless it is a Saturday, a Sunday, or a legal
				  holiday, in which event the period runs until the end of the next day which is
				  not a Saturday, a Sunday, or a legal holiday.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-7 - Filing

Current through 2024-29, July 17, 2024
1.
Electronic Filing Required
.
				Except as provided in subsections
				4 and
				5, all correspondence, motions,
				petitions, complaints and any other documents filed with the Board shall be
				filed electronically via internet transmission to the Board's general email
				address, mlrb@maine.gov, in the manner provided for in this section.
2.
Electronic Filing Procedure
.
				All documents filed electronically must be filed pursuant to the following
				procedure.
A. The filing shall include an
				email correspondence to the Board that identifies the name of the person or
				representative making the filing and the name of the party in whose name the
				document is being filed.
B.
				Documents filed electronically must be in Microsoft Word® or PDF format and
				must be capable of being readily printed or otherwise reproduced clearly and
				legibly on paper 8 and
				1/2 inches by 11 inches in size.
				Documents for filing must be included as an attachment to the email required in
				paragraph A.
C. When a signature is
				required for a document to be filed with the Board, the document must either be
				signed by hand and scanned as a PDF file or must be signed electronically in
				the following format: "/s/ [signatory's name]."
D. Documents submitted to the individual
				email addresses of Board members, the executive director, Board counsel or
				other staff members shall be deemed not filed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-8 - Service

Current through 2024-29, July 17, 2024
1.
Electronic Service
. Except in
				the case of service of a prohibited practice complaint, amended complaint or
				subpoena, whenever a rule requires that a party serve a copy of a document on
				another party, service may be effected exclusively by email.
For service of a prohibited practice complaint or amended
				  complaint, service will be considered complete on the date that service was
				  provided to the other party by email, so long as service by mail, hand delivery
				  or delivery via a delivery service occurred on the same calendar day.
2.
Certificate of
				Service
. Whenever a rule requires that a party serve a copy of a
				document on another party, the serving party may demonstrate compliance with
				the requirement of service by submitting to the Board a signed statement
				certifying service. The statement should include a written declaration of the
				names and addresses of the parties served and the date and manner of service.
				The following is an example of a statement certifying service: "I, _______,
				certify that on __________, I served a copy of this document on _______(name of
				party) by mail/hand delivery/delivery via _____ delivery service (indicate
				which method), at the following address:______." Proof of service, such as a
				certified mail return card, is not required except in the case of a prohibited
				practice complaint or amended complaint. Such proof will satisfy the
				requirement for a certificate of service. A sample certificate of service is
				available from the Board.
3.
Proof of Service
. For a prohibited practice complaint or amended
				complaint, the executive director may at any time require the complainant to
				file proof of the date that the complaint was physically delivered on the
				respondent if proof of service is not filed with the complaint. Proof of
				service may be in the form of either a certified mail receipt signed by the
				recipient addressee or an agent of the addressee, a signed and dated
				acknowledgment of receipt by hand delivery, a dated confirmation of delivery
				from the Post Office or other delivery service, a dated statement of refusal of
				service or a copy of the sent email that includes the date and the email
				address to which it was sent.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-9 - Official Transcripts

Current through 2024-29, July 17, 2024
If the Board causes the proceedings to be transcribed, the
				  court reporter producing the transcript shall make copies available to the
				  parties to the proceeding upon request and prompt tender of the appropriate
				  fee. Requests for transcripts must be made to the courtreporter. The Board's
				  copy of the transcript is available for inspection, but not copying, by the
				  parties. Transcripts prepared at the directive of the Board or its executive
				  director are the official transcripts of the Board proceeding. A party to a
				  Board hearing seeking to have the hearing transcribed may, with prior approval
				  of the Board, make arrangements for transcription by a qualified court
				  reporter. If such arrangements are made and a transcript is produced, a copy
				  must be furnished to the Board without cost and to the other parties upon
				  request and tender of the appropriate fee. A transcript prepared at the request
				  of a party may, at the discretion of the Board, be reviewed by the Board for
				  accuracy and, if approved by the Board, deemed the official
				  transcript.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 10 - GENERAL RULES › Section 180-10-10 - Enlargement of Time Periods

Current through 2024-29, July 17, 2024
1.
Request
. A party wishing to request an extension of a deadline for
				filing a pleading, motion or other document, or a postponement of a hearing or
				prehearing conference, must do so in accordance with the following guidelines.
A. Prior to requesting an extension or
				postponement, the requesting party must notify all other parties to the matter
				of the request and ask whether the other parties join, consent, are neutral or
				object to the request.
B. A party's
				request for an extension or postponement shall be made in writing and
				communicated by email to the Board's Executive Director and to all parties to
				the matter.
C. An extension or
				postponement request must briefly describe the reason for the
				request.
D. If the request is not
				made jointly or consented to by all other parties, the requesting party must
				state the efforts made to contact the other parties before making the request
				and state the parties' position on the request, if known. Except in cases that
				require immediate action, the Board's Executive Director will attempt to
				contact parties that have not joined or consented to an extension or
				postponement request to determine their position on the request.
E. An extension or postponement request made
				less than 14 days prior to the deadline or hearing date, whether joint or
				individual, must state the reason the request could not have been made
				earlier.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › REPRESENTATION PETITIONS: PETITIONS TO CREATE OR MODIFY BARGAINING UNITS AND PETITIONS TO HOLD BARGAINING AGENT ELECTIONS › Section 180-11-2 - Petitions Are Necessary When Parties Disagree

Current through 2024-29, July 17, 2024
Petitions are necessary when the parties are unable to
					 agree on the composition of the bargaining unit or on the designation of the
					 bargaining agent.