Maine State Plan for State and Local Government Employees; Approval of Plan Supplements and Certification of Completion of Developmental Steps, 16880-16885 [2023-05724]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[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 [email protected].
    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: 
[email protected].

[[Page 16881]]


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

[[Page 16882]]

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

[[Page 16883]]

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

[[Page 16884]]

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.

[[Page 16885]]

    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 [email protected].
    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: https://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