Title 26, Title 26

The District Court and the Superior Court shall have original jurisdiction of actions brought for the recovery of fines and penalties imposed by this Title, and of prosecutions for violations of the provisions thereof.

No court nor any judge or judges of any court may issue a preliminary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of witnesses in open court with opportunity for cross-examination and after a showing that the …

A party may appeal to the law court from an interlocutory order granting or denying a preliminary injunction in a case involving or growing out of a labor dispute, but such a preliminary injunction may not be stayed by the taking of such an appeal. Any such appeal must be heard a…

Any order by a board created and established under this Title, or any rule, regulation, determination or declaration formulated by the board or by the Director of the Bureau of Labor Standards is subject to review by the Superior Court, pursuant to Title 5, section 8058 or sectio…

Employee organizations, unions and bargaining agents in the private sector engaged in collective bargaining with employers may negotiate on behalf of retired and retired disabled former employees of the employer with respect to pensions, retirement benefits and other benefits whi…

The Bureau of Labor Standards within the Department of Labor, as established and referred to in this Title as the "bureau," is maintained under the direction of an officer whose title is Director of Labor Standards, referred to in this Title, except in chapter 13, as the "directo…

The bureau shall collect, assort and arrange statistical details relating to all departments of labor and industrial pursuits in the State; to trade unions and other labor organizations and their effect upon labor and capital; to the number and character of industrial accidents a…

1. Department to establish programs. The department shall establish and supervise programs for the education and training of employers, owners, employees, educators and students in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment…

1. Bureau to furnish poster or notice. The bureau shall produce and furnish to employers posters or notices in electronic or printed form outlining state labor laws applicable to those employers and regulating: A. Employment of minors; [PL 2001, c. 242, §1 (NEW).] B. Time of paym…

1. Bureau to provide poster or notice. The bureau shall produce and furnish to employers posters or notices in printed form that state that an employee may be eligible for federal and state earned income tax credits and that the employee may apply for the tax credits on the emplo…

1. Poster. The bureau shall consult with the Department of Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services to create and distribute a veterans' benefits and services poster. 2. Details. The poster under this section must include, at a minimum, infor…

The director may furnish a written or printed list of interrogatories for the purpose of gathering such facts and statistics as are contemplated, to any person, or the proper officer of any corporation operating within the State, and may require full and complete answers thereto …

The director, 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 oper…

A representative of the employer and an authorized employee representative must be given an opportunity to accompany the director or the director's authorized agent during the physical inspection of the workplace of an employer, subject to this section, for the purpose of aiding …

If, upon inspection, the director or any authorized agent of the bureau finds that an employer has violated a requirement of section 561‑A or any rule adopted pursuant to section 565, the director or the authorized agent of the bureau shall immediately issue a citation to the emp…

A person who, being duly summoned under section 43, willfully neglects or refuses to attend, or refuses to answer any question propounded to that person concerning the subject of an examination as provided in section 43, or a person who, being furnished by the director with a wri…

All state, county, city and town officers are directed to furnish the director, upon the director's request, statistical or other information contemplated by sections 42 to 45 in their possession as officers.

All reports to the Bureau of Labor Standards involving deaths, injuries and occupational diseases must be available to the injured employee and the employee's survivors or representatives upon written request and upon payment of reasonable cost for the copies.

A Superior Court in the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of employment subject to section 45 which are such that a danger exists which will reasonab…

An employee or a representative of an employee of the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision who believes that a violation of an occupational safety or health standard exists that threatens physic…

1. Form; effect. Upon the failure of an employer to pay the amount assessed for unpaid wages or severance pay pursuant to chapters 7 and 15, the director may file in the registry of deeds of any county a certificate stating the name of the employer; the employer's address; the am…

In addition to any penalties provided in chapter 7, subchapters 1 to 4, the director may assess a fine against an employer, officer, agent or other person that violates any provision of chapter 7, subchapters 1 to 4 for each violation of those subchapters. The fine may not exceed…

1. Fund established. To accomplish the objectives outlined in section 42‑A, there is established in the State Treasury a special fund, known as the Safety Education and Training Fund. The safety fund shall be administered by the commissioner. The department shall have authority o…

1. Application of chapter. This chapter applies to all employers, employees and places of employment in the State except employees of the Federal Government. 2. Construction. Nothing in this chapter may be construed to supersede or in any manner affect any workers' compensation l…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 512 (NEW).] 1. Bureau. "Bureau" means the Department of Labor, Bureau of Labor Standards. 2. Employ. "Employ" means to employ or permit to work. 3. Em…

Every employer shall establish an education and training program for all operators as provided in this section. [PL 1989, c. 512 (NEW).] 1. Requirements. An employer's education and training program must be provided both orally and in writing, except that an employer that uses fe…

The Commissioner of Labor shall adopt rules in accordance with Title 5, chapter 375 relating to sanitation on railroad property as it affects the safety and health of railroad employees, including, but not limited to, engineers, yard workers, maintenance-of-way employees, clerica…

This subchapter applies to locomotives and caboose cars and other rolling stock, including camp cars and any other work area in which sanitation is not governed by a federal agency or another state agency. It does not apply to locomotives used only in yard switching service.

For the purposes of this subchapter, the Commissioner of Labor or the commissioner's designee may, at any reasonable time and upon presentation of appropriate identification, enter and inspect a workplace.

A person who violates any rule that is adopted by the commissioner under this subchapter shall be subject to a civil forfeiture not to exceed $1,000 for each violation. Each day of violation shall constitute a separate violation.

1. Employer duties. An employer has the following duties. A. An employer shall furnish to each employee employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employee. [PL 2013, c. …

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 519, §13 (RPR).] 1. Approved. "Approved" means as approved by the Board of Occupational Safety and Health. 2. Board. "Board" means the Board of Occ…

The Board of Occupational Safety and Health as established by Title 5, section 12004‑G, subsection 24, shall consist of 10 members of which 9 shall be appointed by the Governor. Of the 9 appointed members of the board, 3 shall represent employers; 3 shall represent employees; one…

The board shall formulate and adopt reasonable rules, pursuant to Title 5, chapter 375, subchapter 2, for safe and healthful working conditions, including rules requiring the use of personal protective equipment, monitoring and record keeping. The rules must at a minimum conform …

1. Evaluation of indoor air quality. The board shall work with the Bureau of General Services with respect to evaluation of indoor air quality and ventilation in public school buildings and buildings occupied by state employees. A.

The board shall formulate and adopt reasonable rules to ensure safe and healthful conditions for students in public educational facilities. The rules must address safety and health hazards created by the use of or exposure to equipment or material or the exposure to other conditi…

The bureau shall inspect and enforce the rules and regulations.

Any person aggrieved by an order or act of the director or of an inspector of the bureau or wishing to contest any citation or penalty issued under sections 45 and 46 may, within 15 working days after notice thereof, appeal from the order, act, citation or penalty to the board, w…

The rules of the bureau must, at a minimum, conform to the standards of the federal Occupational Safety and Health Administration. If a rule adopted by the bureau conflicts with the rule of another state agency with regard to occupational safety and health standards, including co…

A person may not discharge or in any manner discriminate against an employee because that employee has filed any complaint concerning an alleged occupational safety or health hazard or has testified or is about to testify in any proceeding relating to employee safety and health o…

An affected employer may apply to the director for an order for a variance from a standard promulgated under this chapter. Affected employees must be given notice of each application and an opportunity to participate in a hearing. The director shall issue the order if the directo…

It is declared the public policy of the State of Maine that all workers engaged in agricultural labor in the State shall be protected from hazards to their safety or health and that working conditions shall be maintained that will be reasonably free of hazards to their safety and…

To implement section 580 in workplaces provided by the State, state agency, county, municipal corporation, school district or other public corporation or political subdivision, the Occupational Safety Rules and Regulations Board shall formulate and adopt pursuant to Title 5, sect…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 387, §2 (NEW).] 1. Agricultural labor. "Agricultural labor" means agricultural labor as defined in the Employment Security Law, chapter 13. 2. Owner. …

The bureau shall adopt rules for the protection of the health, safety and welfare of the agricultural laborers and their families who occupy housing provided, owned or controlled by their employers. These rules apply only to housing facilities of employers of agricultural labor w…

The bureau may inspect housing facilities subject to this subchapter in accordance with this section. [PL 1997, c. 387, §2 (NEW).] 1. Right of entry. Without an administrative inspection warrant, any duly designated officer of the bureau may enter a housing facility subject to th…