reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-5 - Program participation requirements

Current through 2024-29, July 17, 2024
To be eligible for continued participation in the MEO,
				  participants shall meet the following requirements:
A. Attend an MEO approved "Introduction to
				Business" Seminar, as scheduled, after acceptance into the MEO. The
				introductory seminar is a three to five hour session that provides technical
				assistance and information on developing a business plan and information and
				referral to additional business assistance resources. As a minimum, this
				seminar shall cover the following topics: Developing a Business Mind Set -
				personal qualities required for business, personal financial requirements,
				setting long and short term goals for business; Forms of Business Organization
				- sole proprietorship, partnership, corporation; Overview and Review of the
				Business Plan - ­contents and purpose; Resources and Information on
				getting started -- next steps.
(1) If a
				participant does not attend an "Introduction to Business" Seminar as scheduled,
				he or she will be subject to possible denial of a self-employment assistance
				allowance for the week in which the Seminar was scheduled. If a participant
				fails to attend a second Seminar as scheduled, he or she will be subject to
				possible termination from the MEO; and
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-6 - Termination from MEO program

Current through 2024-29, July 17, 2024
A. Voluntary
				termination. MEO participation is voluntary and may be terminated at the
				request of the individual claimant at any time. To withdraw from the program,
				an individual shall indicate his or her desire to withdraw on the weekly
				self-employment assistance allowance claim form. Voluntary termination shall be
				effective with the Sunday of the week following the claim week on which
				voluntary termination is elected.
B. Termination by Review Board. An MEO
				participant may be removed from the MEO program if found to be in
				non-compliance with the program participation requirements contained in this
				Rule and in 26 M.R.S.A. Section1197. Notification of termination shall be made
				in writing and shall be effective as of the week following the week in which
				such notification is mailed to the participant.
(1) The following may result in termination
				from the MEO program:
(a) Failure to attend
				two scheduled "Introduction to Business" or "Business Planning"
				Seminars.
(b) Having two or more
				unexcused absences from training sessions.
(c) Failure to attend two or more scheduled
				meetings with a business counselor.
(d) Failure to meet program participation
				requirements contained in Section 5.
(e) Failure to pursue self-employment
				assistance activities as defined in 26 M.R.S.A. Section1197.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-7 - Program operations

Current through 2024-29, July 17, 2024
A. Review Board.
				The commissioner shall appoint a Review Board consisting of two members. The
				Review Board shall include a representative of the Department of Labor and a
				representative of a community based organization with knowledge and experience
				in small and micro-enterprise development, or a representative of a private
				financial institution.
Review Board members shall serve without remuneration for
				  three year terms renewable at the request of the commissioner. Duties of the
				  Review Board include:
(1) to review
				individual applications for conformance with individual eligibility criteria
				contained in section 2(A) and criteria established for allowable business
				activity as defined in section 1(E).
(2) to forward written notice of acceptance
				or non-acceptance into MEO to the applicant and to the Department of
				Labor.
(3) to conduct periodic
				reviews of MEO participants' progress towards establishing a business or
				becoming self-employed and compliance with program requirements for continued
				eligibility. Reviews shall be based in part on information supplied on the
				weekly claim form, but may include other information provided by the
				participant, such as elements of a business plan.
(4) to determine non-compliance on the part
				of MEO participants and to inform them in writing of the reasons for
				non-compliance and the effective date of their removal from the MEO program in
				accordance with section 6.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-8 - Appeal procedure

Current through 2024-29, July 17, 2024
An individual who is not accepted into the MEO program can
				  file an appeal. Such appeals shall be processed under the appeal procedures
				  specified in
				   26 M.R.S.A.
				  section1197, sub-section 8-B. The
				  commissioner may contract with the Division of Administrative Hearings or
				  another qualified organization to hear appeals related to nonacceptance into
				  the MEO.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 11 - RULES OF THE ENTERPRISE OPTION PROGRAM › Section 168-11-9 - Other appeals

Current through 2024-29, July 17, 2024
Any other appeals under this Rule other than an appeal as
				  described in Section
				  8 shall be processed under
				   26 M.R.S.A.
				  Section1194(2).
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 168 - DEPARTMENT OF LABOR - GENERAL › Chapter 50 - NONDISCRIMINATION POLICY AND GRIEVANCE PROCEDURE › Section 168-50-1 - POLICY []

Current through 2024-29, July 17, 2024
It shall be the policy of the State of Maine that no
				  qualified individual with a disability shall, on the basis of disability, be
				  excluded from participation in or be denied the benefits of the services,
				  programs, or activities of the State of Maine or be subjected to discrimination
				  by the State.
1.
Protected
				individuals with disabilities
A. The
				protections in this non-discrimination policy and grievance procedure shall
				apply to individuals with disabilities as defined in Title II of the Americans
				with Disabilities Act and in Section 504 of the Rehabilitation Act, i.e., those
				persons who have a physical or mental impairment that substantially limits one
				or more of their major life activities, have a record of such an impairment, or
				are regarded as having such an impairment.
B. The protections in this policy and
				procedure shall apply, as well, to individuals with physical or mental
				disabilities as defined in the Maine Human Rights Act (MHRA), which is intended
				to be interpreted broadly to create greater coverage than under the Americans
				with Disabilities Act or Section 504. Individuals who have physical or mental
				impairments that substantially limit a major life activity, that significantly
				impair physical or mental health, or that require special education, vocational
				rehabilitation, or related services are protected by the MHRA. Individuals with
				specific disabilities listed in the MHRA are also protected. The MHRA also
				protects individuals who have a record of, are regarded as, or are likely to
				develop a physical or mental impairment or any of the specific disabilities
				under the MHRA.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purpose of these regulations, the following terms
				  will be construed as follows:
A.
				"Bureau" means the Bureau of Labor Standards within the Department of
				Labor.
B. "Director" means the
				director of the Bureau of Labor Standards or the director's designee.
C. "Fund" means the Maine Wage Assurance
				Fund.
D. "Wages" means compensation
				in the form of cash or check to be paid to employees for work performed. The
				term "wages" does not include fringe benefits, including, but not limited to,
				holiday pay, sick pay, vacation pay, insurance premiums, or severance pay
				benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-2 - General Responsibilities

Current through 2024-29, July 17, 2024
A. The Bureau has
				an affirmative responsibility, upon complaint, to investigate any complaint or
				other information related to business closings to determine whether all earned
				wages owed employees have been paid.
B. Former employees eligible for assistance
				under the Wage Assurance provisions of the law will be provided with or mailed
				a verification of eligibility as soon as administratively feasible following
				the completion of an investigation which determines potential
				eligibility.
C. The Director shall
				determine eligibility and payment must be made to all eligible former employees
				as soon as administratively feasible except as provided in Section 7.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-3 - Verification of Eligibility

Current through 2024-29, July 17, 2024
A. Verification of
				eligibility from the Fund must be in writing and must include the following
				information:
1. The name, social security
				number, current address and telephone number of the employee claiming payment
				from the Fund;
2. The name and
				address of the employer;
3. The
				date the employer terminated business;
4. The employer's week-ending dates for pay
				weeks during which wages were earned but not paid and the amount of unpaid
				wages earned in each week.
5. Any
				information the employee may wish to provide which could be of assistance in
				securing payment of wages;
6. A
				statement of veracity and completeness of the information provided;
				and
7. The signature of the
				employee requesting payment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-4 - Determination of Amount of Earned Wages

Current through 2024-29, July 17, 2024
A. The
				Director shall determine the amount of earned wages owed to each employee by
				the employer by examining payroll records, checks, or other reliable
				data.
B. Payments of earned wages
				by any third party shall be deducted from the total amount of wages determined
				to be earned.
C. If the Bureau
				determines that the employee is eligible for payment from the Fund, the amount
				of payment will be for the gross earned wages. If the gross amount cannot be
				determined, the payment will be the net amount due.
D. If payment is based on the gross earned
				wages, all payroll deductions including but not limited to federal and state
				taxes, insurance premiums, wage attachments and retirement plan payments will
				be the responsibility of the employee receiving payment.
E. The amount of earned wages determined by
				the director may not exceed the maximum of two weeks of wages as established in
				the law. In the event an eligible employee is owed more than two weeks of
				wages, payment must be made based on the two weeks for which the highest amount
				of wages are owed.
F. The amount of
				earned weekly wages paid by the Bureau may not exceed 150% of the average
				weekly wage determined by the Department of Labor, Bureau of Unemployment
				Compensation pursuant to Title 26 MRSA, §1043, §§1-A and in
				effect during the period the unpaid wages to be compensated were
				earned.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-5 - Insolvency of Employer

Current through 2024-29, July 17, 2024
The Director shall make a determination of insolvency and the
				  date of termination of business upon receipt of any of the following
				  documentation:
A. An affidavit from
				the employer or employer's representative stating that the employer has no
				assets from which earned wages may be paid;
B. A copy of the employer's petition in
				bankruptcy;
C. Information from
				financial institutions regarding the employer's assets and operations;
				or
D. Other reliable
				information.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-6 - Disbursements from the Fund

Current through 2024-29, July 17, 2024
A. Following a
				determination by the Director of eligibility and amount of earned wages, the
				director shall inform the Office of the State Treasurer of the amount to be
				paid each eligible employee from the Fund.
B. Payments to eligible employees must be
				mailed to the current address supplied in the verification of
				eligibility.
C. If payment is
				returned to the Bureau for any reason, the Bureau shall attempt to contact the
				eligible employee or individuals who may have information regarding his or her
				whereabouts by mail and telephone.
D. If the Bureau is unable to ascertain the
				whereabouts of the eligible employee, the payment must be returned to the
				Office of the State Treasurer for redeposit in the Fund pursuant to appropriate
				financial procedures.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-7 - Insufficient Funds

Current through 2024-29, July 17, 2024
In the event that insufficient funds or allotments are
				  available to make complete payment to all former employees, the director may
				  determine alternative payment methods, including, but not limited to, reduced
				  payments and payment over time. In determining insufficient funds or allotment,
				  the Director shall take into account any estimated or anticipated future
				  liability of the Fund.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 3 - RULES GOVERNING ADMINISTRATION OF THE MAINE WAGE ASSURANCE FUND › Section 170-3-8 - Appeals

Current through 2024-29, July 17, 2024
A. Each individual who submits a verification
				of eligibility from the Fund shall receive written notice of the eligibility
				determination of the Bureau which must include notice of the opportunity for an
				administrative hearing.
B. Each
				individual who receives an eligibility determination from the Bureau shall have
				the right to an administrative hearing conducted by the Director in accordance
				with the provisions of the Administrative Procedure Act, Title 5 MRSA,
				§8001 et seq.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-1.0 - DEFINITIONS

Current through 2024-29, July 17, 2024
Bureau - Shall mean the Bureau of Labor Standards.
Commissioner - Shall mean the Commissioner of Labor or
				  his/her designee.
Department - The Maine Department of Labor.
Director - Shall mean the Director of the Bureau of Labor
				  Standards or his/her designee.
Federal Agency - Shall mean specifically the Occupational
				  Safety and Health Administration (OSHA), the Federal Railroad Administration
				  (FRA) and any other federal agency with specific health and sanitation
				  standards relating to railroads that conflicts with these rules.
Railroad - Any railroad company or service that operates
				  within the State of Maine.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-2.0 - COVERED AREAS

Current through 2024-29, July 17, 2024
These rules shall apply to all locomotives, caboose cars, and
				  other rolling stock, including camp cars, as well as any other work area in
				  which sanitation is not governed by a federal agency or other state agency
				  operating within the State. These rules do not apply to locomotives used only
				  in yard switching services.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-3.0 - STANDARDS FOR COVERED AREAS

Current through 2024-29, July 17, 2024
3.1 General
				Housekeeping
All covered areas shall be maintained in good order and
				  repair and In a clean and sanitary condition at all tines.
3.2  First Aid Kit
A first aid kit suitable for the number of employees shall be
				  maintained in each locomotive, caboose car and camp car, as well as at other
				  covered defined work areas.
3.3
				 Drinking Water Supply
A. An
				adequate supply of sanitary drinking water shall be available and accessible to
				employees.
B. The use of common or
				shared drinking cups is prohibited. Individual single service paper cups may be
				used providing they are stored in a clean covered container.
C. When a drinking fountain Is provided, it
				shall be so constructed and maintained as to meet the requirements of the State
				of Maine Plumbing Code.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-4.0 - INSPECTION

Current through 2024-29, July 17, 2024
A. The Commissioner, Director, or designees
				will have the right to enter for the purpose of inspection any covered
				workplace in the State at any reasonable time upon the presentation of
				appropriate identification.
B.
				Unannounced inspections shall be made from time to time.
C. The Department will respond to written
				employee complaints as well as complaints of imminent danger.
D. Upon arriving at a site for an inspection,
				the Department representatives will notify management and labor officials of
				the purpose of their visit and will present to them a preliminary finding of
				their visit prior to their departure.
E. Management and labor representatives will
				be invited to participate In the inspection.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-5.0 - CITATIONS AND PENALTIES

Current through 2024-29, July 17, 2024
A. The Director
				will issue in writing any citations and penalties resulting from an
				inspection.
B. Each citation shall
				describe the nature of the violation and have a specific time for abatement of
				the violation.
C. Citations are to
				be posted for employee review at or near the place of each violation accessible
				to employees.
D. A hearing may be
				requested in writing to the Director for any citation within 15 days of
				receiving the citation.
E. If a
				railroad can show that other federal or state agencies have applicable
				sanitation standards relating to a citation and that those standards have been
				met, the citation will be dropped.
F. The Director may issue penalties not to
				exceed $1,000 for each violation. Each day of violation after the abatement
				date shall constitute a separate violation.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 6 - RULES GOVERNING SANITARY CONDITIONS ON CERTAIN RAILROAD PROPERTY › Section 170-6-6.0 - COLLECTIVE BARGAINING

Current through 2024-29, July 17, 2024
Although the employer has the ultimate responsibility to
				  provide a safe and healthy workplace, nothing in these rules should be seen as
				  infringing on the right of labor and management to collectively bargain the
				  allocation of duties to promote and maintain healthful and sanitary workplace
				  conditions.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING › Section 170-7-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Authorizing Statute - means 26 M.R.S.A.
				c.7, sub-c. III-A.
B. Department -
				means the Maine Department of Labor, Bureau of Labor Standards. (Note: Any
				correspondence should be directed to Director, Bureau of Labor Standards, State
				House Station #45, Augusta, Maine 04333-0045.)
C. Department of Human Services Rules - means
				rules adopted by the Department of Human Services under the authority of, or
				referenced in, 26 M.R.S.A. c. 7, sub-c. III-A.
D. Director - means the Director of the
				Bureau of Labor Standards, Maine Department of Labor or designee.
E. Employee Assistance Program (EAP) -- means
				an employee assistance program certified by the Department of Human Services or
				the Office of Substance Abuse.
F.
				Policy - means an employer's written substance abuse testing policy as it will
				be presented to the employees or applicants covered.
G. Random or Arbitrary - means a method of
				selecting those to be tested where all potential testees have an equal chance
				of selection by chance or where testing is based on criteria unrelated to
				substance abuse such as an anniversary or hiring.
H. Point of Collection Testing (POCT) - means
				an initial screening test performed at the site where the sample is collected
				using a non-instrumented testing device approved for that purpose by the
				federal Food & Drug Administration.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING › Section 170-7-2 - EMPLOYEE CONSULTATION AND EMPLOYEE AND APPLICANT NOTIFICATION REQUIREMENTS

Current through 2024-29, July 17, 2024
A. An employer
				shall consult with the employer's employees in the development of any section
				of a substance abuse testing policy and/or amendment which refers to employee
				testing. Consult means a two-way communication between the employer and the
				employees regarding the proposed substance abuse testing policy. A committee
				formed to develop a random or arbitrary testing program under part 3 (CC) does
				not meet this requirement except as it regards the random or arbitrary
				program.
B. An employer shall give,
				at the time of its submission, individual written notice to employees that it
				has submitted a substance abuse testing policy and/or amendment to the
				Department for review. The notice must inform employees that they may submit
				written comments to the Department, as well as where and how an employee may
				review the proposed policy if not provided with the notice. The notice must
				inform employees of the manner and time frame in which they may comment to the
				Department and must display prominently the address of the Department. This
				requirement covers all policies even those which do not in any way pertain to
				employees.
C. An employer whose
				policy includes employee testing shall provide each employee with a copy of the
				written policy approved by the Department at least 30 days before the policy
				takes effect.
D. An employer whose
				amendment includes employee testing shall provide each employee with a copy of
				the written amendment approved by the Department at least 60 days before the
				amendment takes effect.
E. An
				employer shall provide a copy of the approved written policy to applicants
				before administering a substance abuse test. At a minimum, each applicant must
				be notified in writing at the time of application that they may be subject to a
				substance abuse test if selected for employment or placed on a roster, as well
				as where they may review the statute and the employer's written
				policy.
F. Nothing in this section
				is meant to inhibit additional methods of applicant and/or employee
				involvement.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING › Section 170-7-4 - DEPARTMENT OF LABOR REVIEW PROCESS

Current through 2024-29, July 17, 2024
A. Submission
1. Employers wishing to establish a substance
				abuse testing program after January 1, 1990 shall submit to the Director
two
copies of the following.
a.
				A signed letter of submission from an authorized company official.
b. A written policy in compliance with the
				authorizing statutes and applicable rules adopted by the Departments of Labor
				and Human Services.
c. Additional
				submissions which are not part of the policy, but which will assist the
				Department in reviewing the policy as applicable.
i. Description of the method the employer
				used in consulting with employees in the development of the policy, as well as
				the substance and impact of that consultation, if applicable.
ii. Description of the method the employer
				used to inform employees of the submission of the plan to the Department,
				manner and time frame that employees may comment to the Department.
iii. Description of the method to be used by
				the employer to notify employees following approval of the policy. At a
				minimum, this method must provide each employee with a copy of the approved
				policy, and a notice as to the effective date(s) on which testing may begin, if
				applicable.
iv. Blank samples of
				any and all forms, information sheets, or other materials used by the employer
				with their employees and applicants relating to the substance abuse testing
				program.
v. A copy of a collective
				bargaining agreement or appropriate sections must be included by those
				employers having a labor-management agreement concerning substance abuse
				testing.
vi. Any additional
				detailed information to support employer's rationale for determination of any
				specific classifications or position titles as appropriate for random or
				arbitrary testing.
vii.
				Certification by the Department of Human Services of compliance of testing
				laboratories and procedures with the authorizing statute and appropriate
				Department of Human Services rules.
viii. Certification by the Department of
				Human Services of compliance of the employee assistance program with the
				authorizing statute and appropriate Department of Human Services or Office of
				Substance Abuse rules.
ix. Signed
				employer certification that submittal complies with all applicable statutes and
				regulations including employee notification requirements.
(Note: This can be presented as a part of the transmittal
				  letter in Section 4 A, 1 a.)
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING › Section 170-7-5 - AMENDMENT OR DISCONTINUANCE OF APPROVED PROGRAM

Current through 2024-29, July 17, 2024
A. Amendment
1. The same procedures that govern the
				establishment of a substance abuse testing policy will apply to amending an
				existing approved program except as provided for below.
2. The employer must wait a minimum of sixty
				(60) days after employees are notified as required by statute and these rules
				to start testing under the amendment. Testing of applicants may commence at any
				time after an amendment has been approved.
3. Approved policies will need to comply with
				statutory or regulatory changes prior to the effective dates of such changes
				through amendments as appropriate.
4. Employers with approved policies must
				notify the Department of any changes In EAP services, sample collection and/or
				testing facilities used. Notification must include certification of the new
				service provider(s) from the Department of Human Services. If the services,
				methods, or practices as described in the policy remain unchanged, the change
				of service provider(s) does not constitute an amendment. If described services,
				methods, or practices are changed, an amendment is needed.
5. Changes to job titles or classifications
				used in a policy which do not change the testing status of an employee do not
				constitute an amendment. Any changes which change the testing status of any
				employee will be considered an amendment.
6. Changes of address or of the company
				contact person(s) do not constitute an amendment, although policies must be
				revised and the Department notified.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING › Section 170-7-6 - ONGOING POLICY REVIEW AND DEPARTMENT RESPONSIBILITIES

Current through 2024-29, July 17, 2024
A. The Department may review any approved
				policy at any time and may grant limited approval or withdraw approval from the
				policy, in whole or part, if it is found in noncompliance, or there is
				insufficient evidence to establish compliance.
B. The Department reserves the right to
				request additional information from an employer with an approved policy at any
				time.
C. The Department may
				establish a time period for regular review or re-application of existing
				approved policies.
D. The
				Department shall notify all employers with approved policies and the Department
				of Human Services of any proposed amendments of these rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-A - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Bureau: "Bureau" means the Bureau of Labor
				Standards, Maine Department of Labor.
2. Commissioner's designee: "Commissioner's
				designee" means the Director of the Bureau of Labor Standards.
3. Director: "Director" means the Director of
				the Bureau of Labor Standards or the Director's designee.
4. mod rate: "Mod rate" means a workers'
				compensation insurance experience modification rate for an employer's
				establishments or operations in Maine.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-B - NOTIFICATION OF EMPLOYERS

Current through 2024-29, July 17, 2024
1. The
				Superintendent of Insurance shall communicate to the Director the names, Maine
				addresses, insurance carriers, policy term, and the mod rate of those employers
				that receive, in any policy year, an experience modification rating of 2 or
				more. Such communication must take place at the earliest possible time prior to
				the new mod rate taking effect. The mod rate reported must be the rate computed
				for those establishments or operations active in Maine.
2. The Director shall notify any such
				employer in writing of the requirement to undertake a workplace health and
				safety program, shall provide a statistical evaluation of the employer's
				workplace health and safety experience and shall enclose a set of workplace
				health and safety options for the employers information and consideration. Such
				options may include on-site consultation, education and training activities and
				technical assistance. A copy of the notice will be sent to the insurance
				carrier.
3. The employer shall
				submit a workplace health and safety plan to the Bureau within 90 calendar days
				of notification.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-C - ELEMENTS OF AN EMPLOYER'S HEALTH AND SAFETY PLAN

Current through 2024-29, July 17, 2024
1. The employer shall develop a written
				occupational health and safety plan which identifies the specific actions to be
				taken, the officials responsible for implementation and the dates by which the
				actions will be completed. If an appropriate plan already exists, a copy may be
				submitted. The plan must address the following five elements.
(a) Management commitment and employee
				involvement
(b) Worksite analysis
				and accident investigation
(c)
				Hazard prevention and control
(d)
				Safety and health training
(e)
				Medical management of injured or ill workers
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-D - BUREAU'S REVIEW AN COMMENT

Current through 2024-29, July 17, 2024
1. The Bureau will
				review each submission for relevance to the hazards identified, taking into
				account the experience and ability of the employer to identify and provide
				corrective action.
2. The Bureau
				will review and the Director will comment on all first submissions within 30
				working days of receipt, unless further information is needed. The insurance
				carrier will receive copies of all review results.
3. The Bureau may wish to seek clarification
				of an employer's submission at any time during the review process. The Bureau
				may make on-site visits to evaluate the plan. If the Bureau does not receive
				clarification or is unable to have access to the site, the Director may choose
				to deem the submission incomplete.
4. The Director shall provide comments on the
				plan analyzing its strengths and weaknesses. If all, or part, of the plan is
				ruled to be incomplete or inappropriate, the problem areas will be identified
				and suggestions or options to address the problems will be included.
5. Employers who experience a mod rate of two
				or more and request Bureau consultation services shall be given a priority for
				those services.
6. Comments by the
				Bureau are advisory only and do not in any way release an employer from their
				legal obligation to provide safe and healthy working conditions.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-E - EMPLOYER'S COMPLETION OF THE PROGRAM

Current through 2024-29, July 17, 2024
1. The
				employer shall submit a final status report within 30 calendar days of the end
				of the term of the policy. If the employer is obligated to create another plan
				for the next policy term, the status report may be a part of the new
				plan.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 8 - RULES REGARDING WORKPLACE HEALTH AND SAFETY PROGRAMS FOR EMPLOYERS WITH WORKERS' COMPENSATION MODIFICATION RATES OF TWO OR MORE › Section 170-8-F - BUREAU'S NOTIICATION TO THE SUPERINTENDENT

Current through 2024-29, July 17, 2024
1. The Director shall notify the
				Superintendent of Insurance of any employer that fails to submit a program as
				required above, submits one that is incomplete or inappropriate, or fails to
				complete the elements of the program. Copies of such notice must be sent to the
				employer and the employer's insurance carrier.
2. The Superintendent of Insurance shall
				assess a surcharge pursuant to the statute on that employer's workers'
				compensation insurance premium or the imputed premium of self-insurers, which
				must be paid to the Treasurer of the State who shall credit 1/2 of that amount
				to the Safety Education and Training Fund, as established by Title 26, Section
				61, and 1/2 to the Occupational Safety Loan Fund, as established by Title 26,
				Section 62. Employers who fail to complete a required workplace health and
				safety program and who are assessed a surcharge prior to January 1, 1994, must
				be assessed a surcharge of 5%. Employers who fail to complete a required
				workplace health and safety program and who are assessed a surcharge after
				January 1, 1994, must be assessed a surcharge of 10%.*
*This section states the statutory requirements of the
				  Superintendent of Insurance as expressed in 1991 Public Law Chapters 615 and
				  885. Chapter 885 has a general effective date of January 1, 1993 for this part.
				  This information is included only for the information and convenience of
				  readers, especially the regulated community. The Department of Labor has no
				  regulatory authority over this part. This section marks the only change in the
				  program as established by Chapter 615 and then transferred by Chapter 885 into
				  a new Title of the Maine Revised Statutes Annotated.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS › Section 170-9-I - Application

Current through 2024-29, July 17, 2024
These rules apply to the assessment of administrative civil
				  money penalties against employers determined to have violated Title 26, MRS
				  Chapter 7.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS › Section 170-9-II - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context otherwise
				  indicates, the following terms have the following meanings.
A. "Bureau" means the Bureau of Labor
				Standards, within the Department of Labor.
B. "Bureau Director" means the Director of
				the Bureau or Director's designee(s).
C. "Business days" means calendar days
				excluding any Saturday, Sunday, or Maine state holiday.
D. "Division" means the Division of Wage and
				Hour within the Bureau of Labor Standards, Department of Labor.
E. "Division Director" means the Director of
				the Division of Wage and Hour or Director's designee(s).
F. "Qualified hearing officer" means an
				individual with background or experience with adjudicatory proceedings under
				the Administrative Procedure Act; a Hearing Officer within the Division of
				Administrative Hearings within the Bureau of Unemployment Compensation,
				Department of Labor; or an attorney.
G. "Violation" means a single breach of the
				law as determined by the Director. For failure to respond to the survey and,
				where otherwise appropriate, each day may be considered a separate
				violation.
H. A "willful" violation
				is committed when the employer knew or, due to experience or expertise, should
				have known the operative facts that made its actions a violation of the law. A
				'willful' violation includes an employer's intentional or reckless disregard of
				its obligations under the law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS › Section 170-9-III - Penalty Calculation

Current through 2024-29, July 17, 2024
The penalty for a violation or set of violations must be
				  based on the statutory penalty for the violation. The Division Director shall
				  calculate the final penalty according to the following schedule.
A.
Penalty Calculation for violations
				that have penalty ranges
The number of violations will be multiplied by the minimum
				  penalty or lowest of any penalty range affixed in the statute. The result will
				  then be multiplied by the severity and/or history of factors as outlined below.
				  No per-violation penalty can exceed the statutory maximum or highest of the
				  penalty range for that violation.
1.
Severity
Multiplier
1.50
A minor was exposed to a hazardous
Occupation; or the average underpayment was more
								than two weeks average pay for the affected employees; or the employer was in
								violation of
								26 MRS
								§643 subsection
								1, A
								through E.
The average underpayment was more than one weeks
								average pay for the affected employees.
1.25
The average underpayment was more than one-half
								weeks average pay for the affected employees.
1.10
2.
History of Previous
								Violations
Multiplier
The employer has been adjudged in violation of the
								labor laws as set forth in Sec.
								I, has entered into a settlement
								agreement or consent decree, and/or has been penalized under these rules for
								the same or similar violations.
2.0
The employer has previous violations of the same or
								similar nature that did not result in court action or penalty.
1.5
3.
Repeat Violations
Multiplier
10.0
First repeat violation
Second through fourth repeat violation
Fifth or greater repeat violation
2.0
5.0
4.
Willful Violations
Multiplier
If the Division Director determines, in accordance
								with Section
								II
.
H. above, that the
								violation is willful
2.0
B.
Penalty Adjustments
The result of the above calculation will then be adjusted
				  based upon the good faith and size of employer factors as outlined
				  below.
1.
Good Faith
An employer who makes timely restitution to affected
				  employees and institutes procedural changes to reduce the likelihood of future
				  violations will receive a reduction of 25%. An employer who had a multiplier of
				  more than 1.0 under history of previous violations is not eligible for this
				  adjustment.
2.
Size
				of Employer
Number of Employees
Multiplier
1 - 20
.667
21 - 50
.850
51 - 100
.950
Over 100
1.000
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS › Section 170-9-IV - Appeals

Current through 2024-29, July 17, 2024
A.
Notice of Penalty Assessment and
				Right to Appeal
The Division Director shall issue a Notice of Penalty
				  Assessment in writing. Such notice must be sent by at least one of the
				  following methods:
1. U.S.
				mail;
2. By hand; or
3. By email if the Division previously
				communicated with the employer by email.
The Notice of Penalty Assessment must state that the penalty
				  may be appealed by making a written request for an appeal to the Bureau
				  Director. The employer may request the appeal by U.S mail, hand delivery or
				  email. The request for an appeal must be received by the Bureau Director within
				  fifteen (15) business days from the date the Notice of Penalty Assessment was
				  mailed or otherwise delivered.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 9 - RULES GOVERNING ADMINISTRATIVE CIVIL MONEY PENALTIES FOR LABOR LAW VIOLATIONS › Section 170-9-V - Collections

Current through 2024-29, July 17, 2024
Payment of any penalty is due to the Department of Labor
				  within 30 business days after the issuance of the Notice of Penalty Assessment
				  by the Division Director. Payment of the penalty is stayed during any
				  appeal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-I - Application

Current through 2024-29, July 17, 2024
These rules apply to employers of employees who are victims
				  of violence, assault, domestic violence, sexual assault, or stalking who may
				  need leave from employment to prepare for and attend court proceedings, receive
				  medical treatment, or obtain other necessary services to remedy a crisis caused
				  by domestic violence, sexual assault, or stalking.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-II - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context otherwise
				  indicates, the following terms have the following meanings.
A. "Abuse" means:
1. Attempting to cause or causing bodily
				injury or offensive physical contact, including sexual assault;
2. Attempting to place or placing another in
				fear of bodily injury through any course of conduct, including, but not limited
				to, threatening, harassing or tormenting behavior;
3. Compelling a person by force, threat of
				force or intimidation to engage in conduct from which the person has a right or
				privilege to abstain or to abstain from conduct in which the person has a right
				to engage;
4. Knowingly restricting
				substantially the movements of another person without that person's consent or
				other lawful authority by:
a. Removing that
				person from that person's residence, place of business or school;
b. Moving that person a substantial distance
				from the vicinity where that person was found; or
c. Confining that person for a substantial
				period either in the place where the restriction commences or in a place to
				which that person has been moved; or
5. Communicating to a person a threat to
				commit, or to cause to be committed, a crime of violence dangerous to human
				life against the person to whom the communication is made or another, and the
				natural and probable consequence of the threat, whether or not that consequence
				in fact occurs, is to place the person to whom the threat is communicated, or
				the person against whom the threat is made, in reasonable fear that the crime
				will be committed.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-III - Employer Requirements

Current through 2024-29, July 17, 2024
A. An employer must
				grant reasonable and necessary leave from work for an employee who is a victim
				of violence, assault, domestic violence, sexual assault or stalking to:
1. Prepare for and attend court
				proceedings;
2. Receive medical
				treatment;
3. Obtain necessary
				services to remedy a crisis caused by domestic violence, sexual assault, or
				stalking.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 10 - RULES GOVERNING EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENCE › Section 170-10-IV - Employee Requirements

Current through 2024-29, July 17, 2024
A. An employee who
				is a victim of violence, assault, domestic violence, sexual assault, or
				stalking who needs leave to address as listed in Section
				III A. must:
1. Communicate the request for leave as soon
				as possible after learning of the need; and
2. Provide the employer in a timely manner
				with the information necessary for the employer to make an informed decision on
				the request.