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Home > Agendas > 2008-2009 > Department of Labor

2008-2009 Regulatory Agendas

12
Department of Labor


152: Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
168: Bureau of Unemployment Compensation
170: Bureau of Labor Standards
172: Unemployment Insurance Commission
179: Board of Occupational Safety and Health
597: Bureau of Employment Services



AGENCY UMBRELLA UNIT: 12-152
AGENCY NAME: Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation

CONTACT PERSON: John Shattuck, Acting Director, 150 State House Station, Augusta ME 04333-0150. (207) 624-5957

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE MAKING ACTIVITY:

CHAPTER 1: Amendments to Vocational Rehabilitation Services Policy Manual
STATUTORY AUTHORITY: Chapter 560, P.L. 1996, Title 26 M.R.S.A. §1417
PURPOSE: The rules govern the delivery of vocational rehabilitation services for persons with disabilities to assist them in achieving an employment outcome. Modifications would reflect recently enacted federal legislation and regulations.
ANTICIPATED SCHEDULE: By: October 2009.
AFFECTED PARTIES: Persons with disabilities eligible for Vocational Rehabilitation services.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated



AGENCY UMBRELLA-UNIT NUMBER: 12-168
AGENCY NAME: Department of Labor, Bureau of Unemployment Compensation

CONTACT PERSON: Laura L. Boyett, Director, 54 State House Station, Augusta, ME 04333. Tel: (207) 621-5156

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2007-2008 RULE-MAKING ACTIVITY:

CHAPTER 11: Maine Enterprise Option Program
STATUTORY AUTHORITY: Title 26 M.R.S.A. §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: Department of Labor, 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 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 7: Rules Relating to Substance Abuse Testing
STATUTORY AUTHORITY: Title 26 M.R.S.A. §687
PURPOSE: The rules outline certain responsibilities for employers who choose to implement a workplace substance abuse testing program.
ANTICIPATED SCHEDULE: By January, 2009.
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 M.R.S.A. §850
PURPOSE: Defines terms in the law and clarifies the applicable work and legal situations.
ANTICIPATED SCHEDULE: By January, 2009.
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 M.R.S.A. §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.

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 M.R.S.A. §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, 2009.
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 M.R.S.A. §42
PURPOSE: Establishes procedures and standards for the application of the minimum wage, overtime and other employment practices.
ANTICIPATED SCHEDULE: By December, 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 M.R.S.A. §586
PURPOSE: To establish housing standards for agricultural laborers.
ANTICIPATED SCHEDULE: By January, 2009.
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: Title 26 M.R.S.A. §42
PURPOSE: Establish procedures and standards for the publication and release of information covered by the confidentiality law (26 M.R.S.A. § 3).
ANTICIPATED SCHEDULE: By June, 2009.
AFFECTED PARTIES: Bureau staff.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: Rules Regarding Access to Leave Under the Care for Families Act (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §636
PURPOSE: Establish procedures for the submission and investigations of complaints.
ANTICIPATED SCHEDULE: January, 2009.
AFFECTED PARTIES: Employers offering paid leave and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

NEW RULE: Rules for the Protection of the Health, Safety and Welfare of Agricultural Laborers That Occupy Employer-provided Housing (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §585
PURPOSE: To establish minimum housing standards for certain agricultural workers and their families.
ANTICIPATED SCHEDULE: December, 2008.
AFFECTED PARTIES: Employers employing agricultural workers that provide housing to 5 or more workers where the housing does not fall under federal jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.




AGENCY UMBRELLA-UNIT NUMBER: 12-172
AGENCY NAME: Department of Labor, 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 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 1: Definitions
STATUTORY AUTHORITY: Title 26 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §1082(2)
PURPOSE:. To revise or update guidelines as needed to ensure consistent application of current statutes, revise procedures governing exhibits before the Division of Administrative Hearings, and to promulgate procedures governing the filing and timeliness of appeals to the Division of Administrative Hearings when the appeal is filed by the Internet or by telephone to a claims center.
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 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §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 M.R.S.A. §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 NUMBER: 12-179
AGENCY NAME: Department of Labor, Board of Occupational Safety and Health

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 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 2: Occupational Safety and Health Standards for General Employment in the Public Sector
STATUTORY AUTHORITY: Title 26 M.R.S.A. §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 June, 2009.
AFFECTED PARTIES: Nonfederal 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 M.R.S.A. §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 June, 2009.
AFFECTED PARTIES: Nonfederal public employers and their employees.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 4: Minimum Standards for Firefighters
STATUTORY AUTHORITY: Title 26 M.R.S.A. §2107
PURPOSE: Establishes minimum occupational safety and health standards for firefighters.
ANTICIPATED SCHEDULE: By September, 2009.
AFFECTED PARTIES: Firefighting community.
CONSENSUS-BASED RULE DEVELOPMENT: Anticipate the use of collaborative rule development.

NEW RULE: Rules Governing Public Safety Dive Operations (Proposed)
STATUTORY AUTHORITY: Title 26 M.R.S.A. §565
PURPOSE: To establish minimum safety and health procedures for public safety dive operations.
ANTICIPATED SCHEDULE: December, 2008.
AFFECTED PARTIES: Public safety agencies that regularly conduct underwater diving operations.
CONSENSUS-BASED RULE DEVELOPMENT: Rules were developed by an ad-hoc subcommittee of the Board which consisted of state, county, municipal and university agencies with dive teams.




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

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

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 25, subchapter 5: Competitive Skills Scholarship Program
STATUTORY AUTHORITY: Title 26 M.R.S.A. §1166
PURPOSE: To adopt rules to enhance efficient and effective service delivery for the Competitive Skills Scholarship Program, enacted pursuant to P.L. 2007, Chapter 352, codified at 26 M.R.S.A., 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.
ANTICIPATED SCHEDULE: By January, 2009
AFFECTED PARTIES: Workers, job seekers, employers, local workforce investment boards, non-profit agencies
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

WORKFORCE INVESTMENT ACT (Federal—Public Law 105-220, Workforce Investment Act of 1998)
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.
ANTICIAPATED SCHEDULE: By January, 2009
AFFECTED PARTIES: Workers, job seekers, employers, local workforce investment boards, nonprofit agencies, County Commissioners, Maine Jobs Council
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated