[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Rules and Regulations]
[Pages 16880-16885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05724]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1952
Maine State Plan for State and Local Government Employees;
Approval of Plan Supplements and Certification of Completion of
Developmental Steps
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notification of certification of the State Plan.
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SUMMARY: The Maine Department of Labor, Bureau of Labor Standards
submitted documentation attesting to the completion of all structural
and developmental aspects of its State Plan for State and Local
Government Employees as approved by OSHA. After extensive review of the
submissions and opportunity for correction, the Maine State Plan
(MEOSH) submitted updated and revised documents. OSHA is approving the
revised State Plan, which documents the satisfactory completion of all
structural and developmental aspects of Maine's approved State Plan,
and is certifying this completion. This certification attests to the
fact that the Maine State Plan now has in place those structural
components necessary for an effective State Plan for State and Local
Government Employees. (Enforcement of occupational safety and health
standards with regard to private sector employers and employees in the
State of Maine remains the responsibility of the U.S. Department of
Labor, OSHA.)
DATES: Effective March 21, 2023.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, OSHA Office of
Communications, U.S. Department of Labor; telephone (202) 693-1999;
email meilinger.francis2@dol.gov.
For general and technical information: Contact Douglas J.
Kalinowski, Director, OSHA Directorate of Cooperative and State
Programs, U.S. Department of Labor; telephone (202) 693-2200; email:
kalinowski.doug@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety and Health Act of 1970 (the
``OSH Act''), 29 U.S.C. 667, provides that a state which desires to
assume responsibility for the development and enforcement of
occupational safety and health standards may submit for OSHA review and
approval a State Plan for such development and enforcement. Regulations
at 29 CFR part 1956 provide that a state may voluntarily submit a State
Plan for the development and enforcement of occupational safety and
health standards applicable only to employers and employees of the
state and its political subdivisions. State and local government
employers are excluded from Federal OSHA coverage under section 3(5) of
the OSH Act.
Under these regulations, the Assistant Secretary of Labor for
Occupational Safety and Health (``Assistant Secretary'') may approve a
State Plan for State and Local Government Employees if the Plan
provides for the development and enforcement of standards relating to
hazards in employment covered by the Plan which are or will be at least
as effective in providing safe and healthful employment and places of
employment for public employees as standards promulgated and enforced
by Federal OSHA under section 6 of the OSH Act, giving due
consideration to differences between public and private sector
employment. See 29 CFR 1956.2(a). Following initial approval, the state
may begin enforcement of its safety and health standards in the public
sector and receive up to 50 percent federal funding for the cost of
Plan operations.
A State Plan for State and Local Government Employees may receive
initial approval even though, at the time of submission, not all
essential components of the Plan are in place. Pursuant to 29 CFR
1956.2(b), the Assistant Secretary may initially approve the submission
as a ``developmental plan,'' and a schedule within which the state must
complete all ``developmental steps'' within a three-year period is
issued as part of the initial approval decision. 29 CFR part 1953
provides procedures for the review and approval of changes and progress
in the development and implementation of the State Plan.
When the Assistant Secretary has reviewed and approved all
developmental submissions and finds that the state has satisfactorily
completed all developmental steps specified in the initial approval
decision, a notice certifying such completion is published in the
Federal Register (see 29 CFR 1956.23 and 1902.34). Certification
attests to the structural completeness of the Plan but does not render
judgment as to the adequacy or effectiveness of state performance.
II. State Plan History
The Bureau of Labor and Industry, now known as the Bureau of Labor
Standards (Bureau), was established in 1873 as an activity of the
Secretary of State. In 1971, Title 26 of the Maine Revised Statutes
(M.R.S.; or alternatively referred to as M.R.S.A., in reference to the
Maine Revised Statutes Annotated) was enacted, defining the power and
duties of the Director of the Bureau under Chapter 3, Section 42.
Chapter 6, Section 565 defines the powers and duties of the Board of
Occupational Safety and Health (Board or BOSH), which approves the
adoption of standards, and is an independent review authority for the
review of contested cases. Since 1971, the Maine Department of Labor,
Bureau of Labor Standards, Workplace Safety and Health Division
(Division), has proposed standards for the Board's approval and
performed inspections in state and local government workplaces (which
includes state, county, and municipal employers) as outlined under the
provisions of the state's existing enabling legislation.
In 2012, Maine began working on a State and Local Government State
Plan and submitted a draft Plan to OSHA in February 2013. OSHA
determined that the Maine statutes, as structured, and the proposed
State Plan needed minor changes in order to meet the State and Local
Government State Plan approval criteria in 29 CFR 1956. Amendments to
M.R.S., Title 26 were proposed and enacted by the Maine Legislature and
signed into law by the Governor in 2014. The amended legislation
provides the basis for establishing a comprehensive occupational safety
and health program applicable to the state and local government
employees in the state. With this amended legislation in place, in
August 2015, OSHA approved Maine as a developmental State Plan for
State and Local Government Employees only.
In October 2020, MEOSH submitted a revised State Plan narrative
(i.e., an overall description of the State Plan and all its aspects) to
OSHA indicating that it had completed all 10 steps in its developmental
program. Upon review, OSHA determined that the Maine State Plan needed
to adopt OSHA's recordkeeping and reporting rule (29 CFR part 1904) and
amend its rulemaking procedures so that it could adopt OSHA's emergency
temporary standards within 30 days of the Federal Register Notice, with
an immediate effective date upon adoption. BOSH adopted 29 CFR part
1904 in November 2021, and the state legislature amended Title 26,
Chapter 6, Section 565 to remove the requirement that ``rules shall not
become effective sooner than 90 days after the date of adoption and
promulgation'' in December 2021. This amendment enables MEOSH to adopt
OSHA's emergency temporary standards within 30 days from the Federal
Register Notice, to take effect immediately upon publication. BOSH also
adopted Maine's statutory requirements for state and local government
dive team operations (26 M.R.S.A. Sec. 565), public sector
firefighting operations (26 M.R.S.A. Sec. Sec. 2101-2107), and driver
training requirements for fire apparatuses (26 M.R.S.A. Sec. 2107),
and provided OSHA with the required comparison of the diving standard
to the Federal standard.
III. Description of the Revised State Plan
The revised State Plan updates and documents all structural
components of the Maine program. Each of the key component parts of the
revised State Plan are described below. The documents described below
are being approved in this notice.
A. The Plan Narrative and Appendices
The Maine Department of Labor is designated by Title 26 of M.R.S.
as the sole agency responsible for administering and enforcing the
state and local government employee protection program in Maine. The
Maine Department of Labor, Bureau of Labor Standards is designated as
the agency responsible for the State and Local Government Only State
Plan.
The Plan narrative provides a general overview of MEOSH's legal
authority, standards and variances, regulations, enforcement policies
and procedures (the MEOSH Field Operations Manual (FOM)), voluntary
compliance activities (including consultative services and training and
outreach programs), occupational safety and health laboratory support
services, personnel policies and procedures, recordkeeping and
reporting requirements, budget, staffing, and funding, all of which,
together with the supporting documents contained in various appendices,
have been determined to provide authority which is ``at least as
effective as'' that of the OSH Act and to meet the criteria and indices
for plan approval contained in 29 CFR part 1956.
The State Plan appendices submitted to OSHA contain a variety of
state
statutes and other documents related to the Maine State Plan. These
include letters from the Maine Governor and Attorney General, the MEOSH
FOM, inspection scheduling system, personnel policies, the MEOSH
organizational chart, budget, and state job descriptions for all
positions in the State Plan.
The appendices also contain the following state statutes and
regulations: The Maine Administrative Procedure Act (Title 5, Chapter
375); regulations that incorporate 29 CFR parts 1903, 1904, 1905, 1908,
1910, 1926, and 1977; and regulations pertaining to minimum driver
training requirements for fire apparatuses, occupational safety and
health standards for public safety diving, and occupational safety and
health requirements for firefighting in the public sector.
B. Legislation
The legislative authority establishing the Maine State Plan, and
the respective occupational safety and health obligations of employers
and employees, is found in Title 26, Chapters 1, 3, and 6 of the
M.R.S.A. These provisions define the powers and duties of MEOSH,
including authority to adopt occupational safety and health rules,
right of entry, inspections, citations, proposed penalties, employee
rights, variances, non-discrimination, recordkeeping and reporting,
etc. The provisions further establish the duty of public employers to
provide employment and a place of employment free from recognized
hazards, to comply with the Maine Department of Labor's occupational
safety and health rules, to report injuries and deaths, to inform
employees of their protections and obligations, and to provide
information on hazards in the workplace. Chapter 6 additionally
establishes the duty for public employees to comply with all
occupational safety and health rules applicable to their own actions
and conduct.
MEOSH covers all state and local government employees of the state,
which is defined by Title 26, Chapter 6, Section 563 to include
employees of the state, a state agency, county, municipal corporation,
school district, or other public corporation or political subdivision.
Volunteers under the direction of a public employer or other public
corporation or political subdivision are also covered. No employees of
any political subdivision are excluded from the Plan. However, the
definition of public employee does not extend to students, incarcerated
individuals, or individuals committed in public institutions.
C. Standards
Under the Plan's enabling legislation, Title 26 of the M.R.S.A.,
the Maine Department of Labor has full authority to adopt standards and
regulations through BOSH and enforce and administer all laws and rules
protecting the safety and health of employees of the state and its
political subdivisions. Title 26, Chapter 6, Section 565 provides that
all rules adopted by BOSH must at a minimum conform to Federal
standards of occupational safety and health so that the State Plan can
continue as a Federally approved State and Local Government State Plan.
The procedures for state adoption of Federal occupational safety and
health standards include giving public notice, opportunity for public
comment, and opportunity for a public hearing, in accordance with the
Maine Administrative Procedure Act (M.R.S.A. Title 5, Chapter 375).
MEOSH has adopted state standards identical to federal occupational
safety and health standards as promulgated through August 31, 2022. The
State Plan also provides that future OSHA standards and revisions will
be adopted by the state within six months of Federal promulgation in
accordance with the requirements at 29 CFR 1953.5. The Plan also
provides for the adoption of Federal emergency temporary standards
within 30 days of Federal promulgation, that can be made effective in
the state immediately upon publication.
Under the Plan, the Maine Department of Labor (through BOSH) has
the authority to adopt alternative or different occupational health and
safety standards where no Federal standards are applicable to the
conditions or circumstances or where standards that are more stringent
than the Federal standards are deemed advisable. Such standards will be
adopted in accordance with M.R.S.A. Title 26 and the Maine
Administrative Procedure Act, which includes provisions allowing
submissions from interested persons and the opportunity for interested
persons to participate in any hearing for the development,
modification, or establishment of standards. MEOSH has generally
adopted identical standards to the Federal standards but does have a
unique respirator protection standard and video display terminal
standard. In addition, in November 2021, the Maine State Plan (through
BOSH) adopted Maine's statutory requirements for state and local
government dive team operations (26 M.R.S.A. Sec. 565), public sector
firefighting operations (26 M.R.S.A. Sec. Sec. 2101-2107), and driver
training requirements for fire apparatuses (26 M.R.S.A. Sec. 2107).
D. Variances
Title 26, Chapter 6, Section 571 of the M.R.S.A. includes
provisions for the granting of permanent and temporary variances from
state standards to public employers in terms substantially similar to
the variance provisions contained in the Federal OSH Act. The state
provisions require employee notification of variance applications, as
well as employee rights to participate in hearings held on variance
applications. A variance may not be granted unless it is established
that adequate protection is afforded employees under the terms of the
variance.
On June 1, 2018, MEOSH (through BOSH) adopted, where applicable to
public employees, the regulations at 29 CFR part 1905, establishing the
policies and procedures for variances.
E. Employee Discrimination Protection
Title 26, Chapter 6, Section 570 of the M.R.S.A. provides that a
person cannot discharge or in any manner discriminate against an
employee because that employee has filed a complaint alleging an
occupational safety or health hazard, has testified or is about to
testify in any proceeding relating to employee safety and health, or
has exercised any right under chapter 6 of Title 26.
Section 570 further provides that an employee who believes that
they have been discharged or otherwise discriminated against in
violation of this section may, within 30 days after the alleged
violation occurs, file a complaint with the Director of the Bureau,
alleging discrimination. If, upon investigation, the Director
determines that the provisions of this chapter have been violated, the
Director shall bring an action in Superior Court for all appropriate
relief, including rehiring or reinstatement of the employee to their
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.
On June 1, 2018, MEOSH (through BOSH) adopted, where applicable to
public employees, the regulations at 29 CFR part 1977, establishing the
policies and procedures for addressing discrimination against
employees.
F. Inspections and Enforcement
Title 26, Chapter 3, Sections 44 and 50 of the M.R.S.A provide for
inspections of covered workplaces, including inspections in response to
employee complaints, by the Director of the Bureau. If a determination
is made
that an employee complaint does not warrant an inspection, the
complainant will be notified in writing of such determination. The
complainant will be notified of the results of any inspection in
writing and provided a copy of any citation that is issued. Employee
complainants may request that their names not be revealed.
Title 26, Chapter 3, Section 44a of the M.R.S.A. provides the
opportunity for employer and employee representatives to accompany a
Bureau of Labor Standards inspector for the purpose of aiding the
inspection. Where there is no authorized employee representative, the
inspectors are required to consult with a reasonable number of
employees concerning matters of safety and health in the workplace.
Through Title 26, Chapter 3, Sections 44 and 45 of the M.R.S.A.,
the Plan provides for notification to employees of their protections
and obligations under the Plan by such means as a state poster,
required posting of notices of a violation, etc.
Section 44 also authorizes the Director of the Bureau to issue
rules requiring employers to maintain accurate records relating to
occupational safety and health. Information on employee exposure to
regulated agents, access to medical and exposure records, and provision
and use of suitable protective equipment is provided through state
standards.
Title 26, Chapter 3, Section 49 of the M.R.S.A. provides that the
Director may petition the Superior Court to restrain any conditions or
practices in any workplace subject to Section 45 in which such a danger
exists which will reasonably be expected to cause death or serious
physical harm immediately or before the danger could be eliminated
through the enforcement process.
Title 26, Chapter 6, Section 566 of the M.R.S.A. authorizes the
Director of the Bureau or their representatives to perform any
necessary inspections or investigations. The Bureau designates the
Division of Workplace Safety and Health to carry out these provisions.
Title 26, Chapter 3, Section 44 provides that the Director of the
Bureau has the right to inspect and investigate during regular working
hours. The inspectors are provided the right of entry without delay and
at reasonable times. If the public employer refuses entry or hinders
the inspection process in any way, the inspector has the right to
terminate the inspection and initiate the compulsory legal process and/
or obtain a warrant for entry. The inspector has the right to interview
all parties and review records as they relate directly to the
inspection.
Title 26, Chapter 3, Section 46 prohibits advance notice of
inspections. Advance notice of any inspection, without permission of
the Bureau Director, is subject to a penalty of not less than $500 or
more than $1,000 or by imprisonment for not more than 6 months, or
both. Criminal penalties may also be imposed under the Maine criminal
code on any person who knowingly makes a false statement under oath or
affirmation; who knowingly makes a written false statement on a form
bearing notification by statute or regulation to the effect that false
statements made therein are punishable; or who knowingly makes a
written false statement with the intent to deceive a public servant in
the performance of their official duties. Thus, any employer who makes
any false statement in any application, record, report, plan, or other
document filed or required to be maintained by the State Plan may be in
violation of the Maine criminal code and punished thereunder.
Title 26, Chapter 3, Section 45 establishes the authority and
general procedures for the Director of the Bureau to promptly notify
public employers and employees of violations, abatement requirements,
and to compel compliance. If a Bureau inspector finds that a violation
of a safety and health standard exists, they will issue a written
citation to the employer with reasonable promptness. Section 45
provides that when an inspection of an establishment has been made, and
the Director of the Bureau has issued a citation, the employer shall
post such citation or a copy thereof at or near the location where the
violation occurred. Each citation shall be in writing; describe with
particularity the nature of the violation and include a reference to
the provision of the statute, standard, rule, regulation, or order
alleged to have been violated; and fix a reasonable time for the
abatement of the violation.
Title 26, Chapter 3, Section 46 contains authority for a system of
monetary penalties. Monetary penalties are required to be issued for
serious citations and for violations of the posting requirements, up to
$1,000 for each such violation. The Director of the Bureau has
discretionary authority for civil penalties of up to $1,000 per day the
violation continues for repeat and willful violations. Other-than-
serious violations may be assessed a penalty of up to $1,000 per
violation, and failure-to-correct violations may be assessed a penalty
of up to $1,000 per day. In addition, criminal penalties can be issued
to public employers who willfully violate any standard, rule, or order.
An alternative enforcement mechanism that includes administrative
orders may be used in limited circumstances.
G. Compliance Manual
MEOSH has adopted Federal OSHA's revised FOM, CPL 02-00-164, with
some exceptions, which provides guidance to MEOSH compliance staff
concerning general staff responsibilities, pre-inspection procedures
(including inspection scheduling and priorities, complaints and other
unprogrammed inspections, and inspection preparation), inspection
procedures (including conduct of the inspection, opening conference,
closing conference, physical examination of the workplace, follow-up
inspections, fatality/catastrophe investigations, imminent danger
investigations, and construction inspections), inspection documentation
(including types of violations, violations of the general duty clause,
writing citations, and grouping/combining violations), and post-
inspection procedures (including abatement, citations, penalties, and
post-citation processes). MEOSH has adopted different FOM provisions
for Chapter 6, penalty amounts, and for the provisions in Chapter 7
related to informal conference procedures. And MEOSH does not follow
Federal OSHA's revised FOM Chapters 1, 8, 9, 10, and 13-17, or specific
subsections of Chapters 2, 3, 4, and 5, which are inapplicable to
MEOSH's program. MEOSH also uses the OSHA Technical Manual (TED 01-00-
015), which replaced the former Industrial Hygiene Manual, as guidance
for its staff. The Maine Department of Labor, Workplace Safety and
Health Division has adopted the OSHA Whistleblower Investigations
Manual (WIM) (CPL 02-03-011 04/29/2022), except for the sections on
appeals and settlement agreements. MEOSH has an internal policy for
appeals and settlement agreements, which is contained in Appendix D of
the State Plan documents submitted to OSHA.
H. Review Procedures
Title 26, Chapter 6, Section 568 of the M.R.S.A. and Code of Maine
Rules (CMR) 12-179, Chapter 1 establish the authority and general
procedures for employer contests of violations alleged by the state,
penalties and sanctions, and abatement requirements. State and local
government employers or their representatives who receive a citation, a
proposed assessment of penalty, or a notification of failure to correct
a violation may, within 15 working days from receipt of the notice,
request in writing a hearing before BOSH on the
citation, notice of penalty, or abatement period. Any public employee
or representative thereof may, within 15 working days of the issuance
of a citation, file a request in writing for a hearing before BOSH on
whether the period of time fixed in the citation for abatement is
unreasonable.
All interested parties are allowed to participate in the hearing
and introduce evidence. BOSH shall affirm, modify, or vacate the
citation or proposed penalty or direct other appropriate relief. Any
party adversely affected by a final order or determination by the BOSH
has the right to appeal and obtain judicial review by the Superior
Court.
The Director of the Bureau will remain responsible for the
enforcement process, including the issuance of citations and penalties,
and their defense, if contested. Informal reviews can be held at the
division management level prior to a formal contest.
I. Budget and Personnel
The Plan includes the FY 2023 grant application under section 23(g)
of the OSH Act, which includes a current organizational chart and
detailed information on staffing and funding. The state has given
satisfactory assurances of adequate funding to support the Plan. In FY
2023, the State Plan was funded at $538,100 in Federal section 23(g)
funds, $538,100 in matching state funds, and $102,315 in 100% state
funds, for a total Federal and state contribution of $1,178,515. The
state has given satisfactory assurance that it will meet the staffing
requirements of 29 CFR 1956.10. OSHA considers MEOSH's current staffing
and funding levels to be adequate and appropriate.
J. Records and Reports
The Plan provides that state and local government employers in
Maine will maintain appropriate records and make timely reports on
occupational injuries and illnesses in a manner substantially identical
to and ``at least as effective as'' that required for private sector
employers under Federal OSHA. MEOSH has assured that it will continue
its participation in the Bureau of Labor Statistics Annual Survey of
Injuries and Illnesses in the public sector. The Plan also contains
assurances that it will provide reports to OSHA in such form as the
Assistant Secretary may require and that MEOSH will continue to use the
OSHA Information System (OIS).
MEOSH's agency work rule on Recording Occupational Injuries and
Illnesses in the Public Sector (ME CMR 12-179, Chapter 6) has
incorporated by reference OSHA's recordkeeping and reporting
regulations in 29 CFR part 1904. Title 26, Chapter 1, Section 2 and
Chapter 3 of the M.R.S.A. impose parallel requirements on state and
local government employers to maintain accurate records of and to make
reports on work-related deaths, injuries, and illnesses. Such records
are available to any state agency requiring them and are held
confidential. Where there is overlap between the Maine statute
provisions and the Chapter 6 agency work rule, employers must comply
with whichever requirement is more protective.
K. Voluntary Compliance Programs
MEOSH has adopted, where applicable, 29 CFR part 1908, establishing
requirements for a state and local government consultation program. The
MEOSH consultation program generally follows OSHA's Consultation
Policies and Procedures Manual, CSP 02-00-004.
The Bureau conducts educational programs for state and local
government employees specifically designed to meet the regulatory
requirements and needs of the state or local government employer.
Consultations, including site visits, compliance assistance, and
training classes, are individualized for each worksite and tailored to
the employer's concerns. Training topics include, but are not limited
to, bloodborne pathogens, hazard communication, confined space entry,
trenching/shoring, recordkeeping, slips/trips/falls, laboratory safety,
lockout/tagout, and electrical safety. The Bureau has also developed a
program known as the Safety and Health Award for Public Employers
(SHAPE) to recognize state and local government employers with an
excellent safety and health program. This program is like OSHA's Safety
and Health Achievement Recognition Program (SHARP).
IV. Completion of Developmental Steps
With the approval of the revised State Plan in today's action, all
developmental steps specified in the August 5, 2015, notice of initial
approval of the Maine State Plan for State and Local Government
Employees (80 FR 46487) and other relevant steps, have been
successfully completed and approved as follows:
In accordance with developmental step (1), MEOSH provided a
comparison of ME CMR 12-179, Chapter 6 to 29 CFR part 1904. At the
direction of OSHA, MEOSH subsequently adopted revisions to ME CMR 12-
179, Chapter 6 to incorporate 29 CFR part 1904 and ensure that the
State Plan's recordkeeping and reporting obligations are substantially
identical to the Federal requirements. This developmental step was
completed in November 2021. The revised state rule is approved by the
Assistant Secretary in today's notice.
In accordance with developmental step (2), MEOSH adopted
regulations equivalent to 29 CFR part 1905. This developmental step was
completed in July 2019 and the changes are approved by the Assistant
Secretary as of today's notice.
In accordance with developmental step (3), MEOSH adopted
regulations equivalent to 29 CFR part 1977. This developmental step was
completed in July 2019 and the changes are approved by the Assistant
Secretary as of today's notice.
In accordance with developmental step (4), the State of Maine
enacted legislation revising 26 M.R.S.A. Sec. Sec. 2 and 44. This
developmental step was completed in June 2015 and the changes are
approved by the Assistant Secretary as of today's notice.
In accordance with developmental step (5), MEOSH provided a
comparison of alternative standards that Maine has adopted to Federal
standards. This step was completed in November 2021 and the state
standards are approved by the Assistant Secretary as of today's notice.
In accordance with developmental step (6), MEOSH provided an
outline of procedures for the on-site public sector consultation
program by adopting 29 CFR part 1908. This step was completed in July
2019 and the state rule is approved by the Assistant Secretary as of
today's notice.
In accordance with developmental step (7), MEOSH developed a 5-year
strategic plan and an annual performance plan. This step was most
recently updated as of October 1, 2020, when MEOSH implemented its most
current 5-year strategic plan and as of August 1, 2022, when MEOSH
submitted its most recent annual performance plan for FY 2023. These
plans are approved by the Assistant Secretary as of today's notice.
In accordance with developmental step (8), MEOSH reviewed and
revised its FOM. The MEOSH FOM generally follows federal OSHA's revised
FOM, CPL 02-00-164, with the primary exceptions of Chapters 6 and 7.
The MEOSH FOM, in conjunction with the applicable Maine statutes, will
ensure inspections are at least as effective as 29 CFR part 1903. The
MEOSH FOM will be reviewed on an annual basis. This developmental step
was completed in July 2020 and the MEOSH FOM is approved by the
Assistant Secretary as of today's notice.
In accordance with developmental step (9), MEOSH transitioned to
the OIS. This developmental step was completed in September 2015 and is
approved by the Assistant Secretary as of today's notice.
In accordance with developmental step (10), MEOSH determined, in
conjunction with Federal OSHA, that adoption of OSHA's maritime
standards at 29 CFR parts 1915, 1917, and 1918 was not required based
on the type of work performed in Maine's state and local government
agencies. This determination is approved by the Assistant Secretary as
of today's notice.
V. Decision
A. Approval of Plan Supplements
After careful review, opportunity for state correction, and
subsequent revision, the plan supplements constituting a revised Maine
State Plan for State and Local Government Employees and its components
described above are found to be in substantial conformance with
comparable Federal provisions and the requirements of 29 CFR part 1956
and are hereby approved under 29 CFR part 1953 as providing a revised
State Plan for the development and enforcement of standards which is
``at least as effective as'' the Federal program, as required by
section 18 of the OSH Act and 29 CFR part 1956. The right to reconsider
this approval of the revised State Plan supplements is reserved should
substantial objections or other information regarding any change to
components of the Plan become available to the Assistant Secretary.
B. Certification
With the approval of a revised State Plan as noted above, all
developmental steps have now been successfully completed, documented,
and approved. In accordance with 29 CFR 1956.23, the Maine State Plan
for State and Local Government Employees is certified as having
successfully completed all developmental steps. This certification
attests to the structural completeness of the State Plan and that it
has all the necessary authorities and procedures to provide ``at least
as effective'' standards, enforcement, and compliance assistance to the
employees of the State of Maine and its political subdivisions. This
action renders no judgment as to the effectiveness of the State Plan in
actual operations.
VI. Location of Basic State Plan Documentation
Copies of the revised Maine State Plan for State and Local
Government Employees are available on the State Plan's website or upon
request. Contact the Regional Administrator, U.S. Department of Labor,
Occupational Safety and Health Administration, 25 New Sudbury Street,
Room E-340, Boston, Massachusetts 02203.
Components of the Maine State Plan, including the MEOSH FOM,
recordkeeping regulations and instructions, complaint forms, and other
program information are posted on the MEOSH website at: https://www.maine.gov/labor/workplace_safety/publicsector.shtml.
MEOSH is administered by the Maine Department of Labor, Bureau of
Labor Standards, Workplace Safety and Health Division. To obtain more
information, visit https://www.maine.gov/labor/bls/, call (207) 623-
7900, or email mdol@maine.gov.
Information on MEOSH laws and regulations can be found at: https://www.maine.gov/labor/workplace_safety/publicsector.shtml.
The state Administrative Procedure Act can be found at: https://legislature.maine.gov/statutes/5/title5ch375sec0.html.
Electronic copies of this Federal Register Notice and the related
press release are available on OSHA's website at: http://www.osha.gov.
More information on the Maine State Plan can be found on OSHA's
Office of State Programs website at: https://www.osha.gov/stateplans/me.
Authority and Signature
Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue
NW, Washington, DC 20001 authorized the preparation of this document
under the authority specified by section 18 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 667), Secretary of Labor's Order No.
8-2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR part 1956.
Signed in Washington, DC, March 15, 2023.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05724 Filed 3-20-23; 8:45 am]
BILLING CODE 4510-26-P
