Maine LD 699: An Act To Update Maine Law To Conform to New Federal Occupational Safety and Health Administration Regulations

LD 699 (subjects: OCCUPATIONAL HEALTH , OSHA COMPLIANCE )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=699&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Erin Herbig of Belfast: (D – District 97) — e-mail | Facebook

4 Cosponsors:

Actions

Chamber

Action
3/5/2015 House Committee on Labor, Commerce, Research and Economic Development suggested and ordered printed.
The Bill was REFERRED to the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/11/2015 Senate On motion by Senator MASON of Androscoggin , REFERRED to the Committee on Labor, Commerce, Research and Economic Development, in concurrence.
5/13/2015 House Reports READ.
On motion of Representative HERBIG of Belfast, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-132) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-132).
Sent for concurrence. ORDERED SENT FORTHWITH.
5/14/2015 Senate Reports READ.
On motion by Senator VOLK of Cumberland the Majority Ought to Pass as Amended Report ACCEPTED, in concurrence.
READ ONCE.
Committee Amendment “A” (H-132) READ and ADOPTED, in concurrence.
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-132) , in concurrence.
5/19/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/20/2015 Senate PASSED TO BE ENACTED – Emergency – 2/3 Elected Required, in concurrence.
6/2/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 134V
131 having voted in the affirmative and 11 in the negative, with 9 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/3/2015 Senate On motion by Senator MASON of Androscoggin Tabled until Later in Today’s Session, pending CONSIDERATION
6/3/2015 Senate Taken from the table by the President ProTem
LD 699 In Senate, June 3, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 32 in Favor and 3 Against , accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 699 as originally introduced. L.D. 699 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-132) .

An Act To Update Maine Law To Conform to New Federal Occupational Safety and Health Administration Regulations

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the United States Occupational Safety and Health Administration implemented changes to its injury and illness recordkeeping requirements that became effective January 1, 2015; and

Whereas, the State became a so-called state plan state for public sector employers in an effort to decrease General Fund costs and employer costs; and

Whereas, state plan states must conform their statutes to the new federal provisions no later than July 1, 2015; and

Whereas, the State’s lack of compliance with the injury and illness recordkeeping requirements would cause loss of reimbursement to the State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA 2, as repealed and replaced by PL 2003, c. 244, 1, is amended to read:

2. Reports of deaths and injuries

1. Reports of deaths. The person in charge of any workplace as defined in section 1 provided by the State, a state agency, a county, a municipal corporation, a school district or other public corporation or political subdivision shall, within 8 hours after the occurrence, report in writing or by telephone the death of any person in the workplace or on the premises to the Director of the Bureau of Labor Standards the death of any person in the workplace or on the premises, or the director’s designee, by telephone or electronically, stating as fully as possible the cause of the death and the place where the deceased person has been sent and supplying other information relative to the death that may be required by the director who may investigate the causes of the death and require such precautions to be taken as will prevent the recurrence of similar events. A statement contained in any such report is not admissible in evidence in any action arising out of the death reported.
2. Reports of serious physical injuries. The person in charge of any workplace as defined in section 1 provided by the State, a state agency, a county, a municipal corporation, a school district or other public corporation or political subdivision shall, within 24 hours after the occurrence, report in writing or by telephone all serious physical injuries requiring immediate hospitalization sustained by any person in the workplace or on the premises to the Director of the Bureau of Labor Standards all serious physical injuries requiring immediate hospitalization sustained by any person in the workplace or on the premises, or the director’s designee, by telephone or electronically, stating as fully as possible the extent and cause of the injury and the place where the injured person has been sent and supplying other information relative to the injury that may be required by the director who may investigate the causes of the injury and require such precautions to be taken as will prevent the recurrence of similar events. A statement contained in any such report is not admissible in evidence in any action arising out of the accident reported.
3. Serious physical injuries defined. “Serious physical injuries,” as used in this section, means an incident that results in an amputation, loss or fracture of any body part or that necessitates immediate hospitalization or formal admission to the inpatient service of a hospital or clinic for care or treatment.

Sec. 2. 26 MRSA 44, first , as amended by PL 2013, c. 473, 2, is further amended to read:

The director as state factory inspector, and any authorized agent of the bureau, may enter any workplace as defined in section 1, provided by the State or by a state agency, county, municipal corporation, school district or other public corporation or political subdivision when the same are open or in operation, for the purpose of gathering facts and statistics under sections 42 to 44, and may examine the methods of protecting employees from danger , the safety and health of employees and the sanitary conditions in and around the such buildings and places, and may make a record of such inspection. Upon petition of the director, a Superior Court in the county in which any refusal to permit entry or fact gathering or inspection was alleged to have occurred may order appropriate injunctive relief against any person in charge of the workplace who refuses entry to the director or authorized agent of the bureau.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill ensures that the Department of Labor, Bureau of Labor Standards is in compliance with recent changes made by the federal Occupational Safety and Health Administration to its injury and illness recordkeeping requirements. The federal Occupational Safety and Health Administration requires state plan states to implement these changes to conform to the new requirements no later than July 1, 2015, or risk a loss of federal reimbursement.

Under current law, a person in charge of a workplace is required to report in writing or by telephone to the Director of the Bureau of Labor Standards the death of any person in the workplace or a serious physical injury requiring hospitalization sustained by a person in the workplace. This bill replaces the requirement to report in writing or by telephone with a requirement to report by telephone or electronically and provides that the report may be made to the director or the director’s designee. It amends the definition of “serious physical injury.” It also authorizes the director and any authorized agent of the bureau to enter a public sector workplace for the purpose of examining the safety and health of employees.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 699 was last updated on 2016-05-12.
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