Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 17 - RULES REGARDING PROOF OF OWNERSHIP BY EMPLOYERS EMPLOYING FOREIGN LABORERS TO OPERATE LOGGING EQUIPMENT
Section 170-17-III - NOTICE OF HIRE AND PROOF OF OWNERSHIP
Current through 2024-38, September 18, 2024
A. A covered employer shall notify the Director of the hiring of any foreign laborer within 21 days of the commitment to hire the worker.
B. The notice must be provided on a form furnished by the Department. The form will, at a minimum, include the following information:
C. The form will require that the employer or a representative of the employer certify that any information provided on the form and any additional documents provided are true and accurate. The failure to provide full and accurate disclosure constitutes a civil violation pursuant to 26 MRSA §872. A false statement may also be subject to criminal prosecution under applicable statutes, including but not limited to 17-A MRSA §453, which governs unsworn falsification.
D. For each piece of covered equipment listed in part 7 above which the employer claims ownership, the employer shall provide proof of ownership.
E. In accordance with the authorizing statute, a covered employer must claim ownership for at least one piece of covered equipment for every two foreign workers employed to operate such equipment.
F. In calculating the number of proofs of ownership to be provided when an odd number of foreign workers are employed to operate the covered equipment, that number must be one-half the number of relevant foreign workers plus 0.5. [Example: A covered employer hiring five foreign laborers as feller-buncher operators will need to provide proof of ownership for at least three feller-buncher machines.]
G. The covered equipment listed in accordance with B(6) above should include all equipment that the worker will use for more than one-third of the worker's employment.