The COVID Project
The record
- Jurisdiction
- United States (Occupational Safety and Health Administration); Maine · Maine
- Level
- Federal
- Authority
- Occupational Safety and Health Act of 1970, sec. 18, 29 U.S.C. sec. 667; 29 C.F.R. parts 1902 and 1956
- Issued
- 2015-08-05 Aug. 5, 2015
- Effective
- 2015-08-05 (initial approval as a developmental plan); certification of completion of developmental steps 88 Fed. Reg. (Mar. 21, 2023) (post-period) (read as 2015-08-05)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Aug. 5, 2015 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (private-sector employers under federal OSHA; State and local government employers under the Maine plan)
- Character
- workplace duty
- Collection
- Standing duties: Maine DUT-ME
Operative words
The Maine State and Local Government Only State Plan, a state occupational safety and health plan applicable only to public sector employment (employees of the state and its political subdivisions), is approved as a developmental plan... The Occupational Safety and Health Administration (OSHA) retains full authority for coverage of private sector employees in the State.
Penalty
federal: 29 U.S.C. sec. 666 civil penalties for general duty clause violations, as OSHA applied them to COVID-19 exposures in 2020 (Exs. AGY-FED-LABOR-IMMIGRATION-031, -095); State: 26 M.R.S. sec. 46 (Ex. DUT-ME-007)
What it required
Allocated the workplace-safety duty in Maine: every private-sector employer remained under federal OSHA and the general duty clause, 29 U.S.C. sec. 654(a)(1) (Ex. DUT-CT-009), and every federal COVID-19 enforcement instrument (Exs. AGY-FED-LABOR-IMMIGRATION-020, -024, -025, FED-084, FED-088, ECO-B-012), while every State and local government employer came under the Maine Department of Labor's plan and 26 M.R.S. sec. 561-A (Ex. DUT-ME-005).
Retrieval noteSaved in place of the OSHA 'State Plans: Maine' web page, which the headless render could not capture (the site returned no printable page). The notice's SUMMARY names the Maine Department of Labor as 'the state agency responsible for the development and enforcement of occupational safety and health standards applicable to state and local government employment throughout the state.' The general duty clause itself is held as Ex. DUT-CT-009 (29 U.S.C. sec. 654) and is cited from there rather than re-saved.