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Home > Agendas > 2007-2008 > Department of Labor

2007-2008 Regulatory Agendas

12
Department of Labor


150: Division for the Blind and Visually Impaired
168: Department of Labor - General
170: Bureau of Labor Standards
172: Unemployment Insurance Commission
179: Board of Occupational Safety and Health
180: Maine Labor Relations Board
186: State Board of Arbitration and Conciliation
597: Bureau of Employment Services


AGENCY UNBRELLA-UNIT NUMBER: 12-168
AGENCY NAME: Department of Labor - General

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CONTACT PERSON FOR CHAPTER 5: William Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 623-7931

CHAPTER 5:
Rules Regarding the Illegal Employment of Aliens (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA §871
PURPOSE: Establishes procedures for employer verification of a worker's employability and for reporting of violations to the Attorney General and the Immigration and Customs Enforcement office.
ANTICIPATED SCHEDULE: By January, 2008.
AFFECTED PARTIES: All employers and law enforcement officials investigation the illegal employment of aliens.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CONTACT PERSON FOR CHAPTER 11: Laura L. Boyett, Director, Bureau of Unemployment Compensation, 54 State House Station, Augusta, ME 04333. Tel: (207) 621-5156

CHAPTER 11: Maine Enterprise Option Program
STATUTORY AUTHORITY: Title 26 MRSA §1197
PURPOSE: To make rule revisions that may be needed to clarify procedures and requirements under the Maine Enterprise Option (MEO) program.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Any person who is participating in the MEO Program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated



AGENCY UMBRELLA-UNIT NUMBER: 12-170
AGENCY NAME: Bureau of Labor Standards

CONTACT PERSON: William Peabody, Director, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 623-7931

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 4: Rules Governing Occupational Safety and Health Grants and Loans
STATUTORY AUTHORITY: Title 26 MRSA §§ 42-A, 61 and 63
PURPOSE: Establishes procedures for grants, loans, and interest subsidies for occupational safety and health purposes.
ANTICIPATED SCHEDULE: By January, 2008.
AFFECTED PARTIES: Employers eligible for loans and interest subsidies and training agencies eligible for grants.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 7: Rules Relating to Substance Abuse Testing
STATUTORY AUTHORITY: Title 26 MRSA §687
PURPOSE: The rules outline certain responsibilities for employers who choose to implement a workplace substance abuse testing program.
ANTICIPATED SCHEDULE: By January, 2008.
AFFECTED PARTIES: Employers with testing programs, or who have an interest in implementing one, and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 10: Rules Governing Employment Leave for Victims of Violence
STATUTORY AUTHORITY: Title 26 MRSA §850
PURPOSE: Defines terms in the law and clarifies the applicable work and legal situations.
ANTICIPATED SCHEDULE: By January, 2008.
AFFECTED PARTIES: Workers affected by violence and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 11: Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Nonagricultural Employment
STATUTORY AUTHORITY: Title 26 MRSA §772
PURPOSE: Establishes a comprehensive list of occupations found to be hazardous and, therefore, unsuitable for the employment of minors.
ANTICIPATED SCHEDULE: By December, 2008.
AFFECTED PARTIES: Working minors and their potential employers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 15: Rules Relating to Severance Pay
STATUTORY AUTHORITY: Title 26 MRSA §625-B
PURPOSE: Establishes procedures for determining eligibility for and level of severance pay when a covered establishment is closed or relocated.
ANTICIPATED SCHEDULE: By June, 2008.
AFFECTED PARTIES: Employers having 100 or more employees that may close or relocate their operations and any employees affected by such a closure or relocation.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

NEW RULE: Rules Relating to Assessment of Interest and Penalties for Non-payment under the Safety Education and Training Fund (SETF) (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA §61
PURPOSE: To establish procedures to determine when, how and against whom penalties and interest will be assessed for non-payment of bills under the SETF.
ANTICIPATED SCHEDULE: By June, 2008.
AFFECTED PARTIES: The Workers' Compensation insurance carriers and self-insureds and any employer who receives services from the SETF.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

NEW RULE: Rules Regarding Employment Practices. (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA §42
PURPOSE: Establishes procedures and standards for the application of the minimum wage, overtime and related laws.
ANTICIPATED SCHEDULE: By June, 2008.
AFFECTED PARTIES: Employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

NEW RULE: Rules Relating to Agricultural Labor Housing Standards (Proposed)
STATUTORY AUTHORITY: Title 26 MRSA §586
PURPOSE: To establish housing standards for agricultural laborers.
ANTICIPATED SCHEDULE: By June, 2008.
AFFECTED PARTIES: Agricultural workers not covered by Federal regulations and their employers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

NEW RULE: Rules Governing the Confidentiality of Data and Information Collected by the Bureau (Proposed)
STATUTORY AUTHORITY: 26 MRSA §42
PURPOSE: Establish procedures and standards for the publication and release of information covered by the confidentiality law (26 MRSA §3).
ANTICIPATED SCHEDULE: By June, 2008.
AFFECTED PARTIES: Bureau staff.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

NEW RULE: Rules Regarding Access to Leave Under the Care for Families Act
STATUTORY AUTHORITY: 26 MRSA §636
PURPOSE: Establish procedures for the submission and investigations of complaints.
ANTICIPATED SCHEDULE: January, 2008.
AFFECTED PARTIES: Employers offering paid leave and their employees
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated



AGENCY UMBRELLA-UNIT NUMBER: 12-179
AGENCY NAME: Bureau of Labor Standards, Board of Occupational Safety and Health

CONTACT PERSON: William Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Tel: (207) 623-7931

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Procedural Rules Governing the Board of Occupational Safety and Health
STATUTORY AUTHORITY: Title 26 MRSA §565
PURPOSE: Establishes procedures to guide the Board and affected parties through meetings and hearings.
ANTICIPATED SCHEDULE: By December, 2007.
AFFECTED PARTIES: Board members and parties with business before the Board.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Occupational Safety and Health Standards for General Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 MRSA §565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees (adopt by reference the latest Federal standards).
ANTICIPATED SCHEDULE: By December, 2007.
AFFECTED PARTIES: Non-federal public employers and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: Occupational Safety and Health Standards for Construction Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 MRSA §565
PURPOSE: Establishes procedures and standards to ensure safe and healthful working conditions for public employees (adopt by reference the latest Federal standards).
ANTICIPATED SCHEDULE: By December, 2007
AFFECTED PARTIES: Non-federal public employers and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 4: Minimum Standards for Firefighters
STATUTORY AUTHORITY: Title 26 MRSA §2107
PURPOSE: Establishes minimum occupational safety and health standards for firefighters.
ANTICIPATED SCHEDULE: By March, 2008.
AFFECTED PARTIES: Firefighting community.
CONSENSUS-BASED RULE DEVELOPMENT: Anticipate the use of collaborative rule development.



AGENCY UMBRELLA-UNIT NUMBER: 12-172
AGENCY NAME: Unemployment Insurance Commission

CONTACT PERSON: Anthony J. Peverada, Jr., Statehouse Station 57, Augusta, ME 04333-0057, Phone: (207) 623-6793

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise or adopt definitions to help clarify statutory requirements pertaining to the administration of the Unemployment Insurance Program and or to ensure consistency between rules and statutory revisions or additions.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 2: Employer Notices, Records, Contributions and Reimbursement Payments and Reports
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise or update the rule as needed to ensure consistency with existing statutory requirements, and to implement new standards pertaining to SUTA dumping.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 3: Unemployment Benefits, Intrastate
STATUTORY AUTHORITY: Title 26 MRSA §1082(2) PURPOSE: To simplify and clarify existing rule language and make revisions or additions necessary to ensure consistency with current statutory requirements.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 5: Rule of Practice Governing Adjudicatory Proceedings
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise or update guidelines as needed to ensure consistent application of current statutes.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 6: Seasonal Industry Program
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise the rule regarding the procedures for the determination of seasonal industries and the filing of forms.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Work Search Requirements
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise or update the rule as may be needed regarding work search methods and reporting.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 19: Other Remuneration
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To provide and/or revise definitions for other remuneration and to clarify the procedure for allocating other remuneration to particular periods.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 21: Pension Payments
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise the rule to be consistent with recent legislation passed eliminating the benefit offset for Social Security and similar pension payments.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 24: Approved Training
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise procedures and standards for the prior approval of training programs, individual requests for approved training, and participation requirements.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 26: Waivers
STATUTORY AUTHORITY: Title 26 MRSA §1082(2)
PURPOSE: To revise procedures and standards as may be needed relating to waiver determinations.
ANTICIPATED SCHEDULE: By July, 2008
AFFECTED PARTIES: Maine employers and employees.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated



AGENCY UMBRELLA UNIT: 12-597
AGENCY NAME: Bureau of Employment Services

CONTACT PERSON: Ned McCann, Director, 55 State House Station, Augusta, ME 04333, 623-7996, edmund.j.mccann@maine.gov

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 1: Competitive Skills Scholarship Program
STATUTORY AUTHORITY: 26 MRSA SS 1166
PURPOSE: To implement the Competitive Skills Scholarship Program enacted pursuant to PL 2007 ch. 352 and codified at 6 MRSA chapter 25 subchapter 5. The Competitive Skills Scholarship Program is intended to provide individuals with access to education, training, and support leading to skilled, well-compensated jobs with anticipated high employment demand, to improve the economic well-being of the participants in the program and to provide employers with a skilled labor force.

CHAPTER 2: Workforce Investment Act
STATUTORY AUTHORITY: (federal) Workforce Investment Act of 1998, Public Law 105-220—August 7, 1998
PURPOSE: To adopt rules in order to provide for efficient and consistent application of Workforce Investment Act services, programs, and funding.



AGENCY UMBRELLA UNIT: 12-150
AGENCY NAME: Division for the Blind and Visually Impaired

CONTACT PERSON: Brenda Drummond, 150 State House Station, Augusta, ME 04333. (207) 623-7954. E-mail: brenda.g.drummond@maine.gov

EXPECTED 2007-2008 RULE-MAKING ACTIVITY: None



AGENCY UMBRELLA UNIT: 12-180
AGENCY NAME: Maine Labor Relations Board
and
AGENCY UMBRELLA UNIT: 12-186
AGENCY NAME: State Board of Arbitration and Conciliation

CONTACT PERSON: Lisa Copenhaver, 90 State House Station, Augusta, ME 04333. (207) 287-4332. E-mail: lisa.copenhaver@maine.gov

EXPECTED 2007-2008 RULE-MAKING ACTIVITY: None