LD 1708
pg. 2
Page 1 of 2 An Act to Streamline the Administration and Enforcement of the Work Permit Prov... LD 1708 Title Page
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LR 879
Item 1

 
copy of the minor's birth certificate or baptismal record, a
passport showing the date of birth or other documentary evidence of
age satisfactory to the superintendent and approved by the
director. The superintendent may require, in doubtful cases, a
certificate signed by a physician appointed by the school board,
stating that the minor has been examined and, in that physician's
opinion, has reached the normal development of a minor of the same
age and is in sufficiently sound health and physically able to
perform the work the minor intends to do.

 
3-A.__Issuance of work permit.__The director or the director's
agent shall issue the work permit to the minor upon verification:

 
A.__Of the proper approval by the superintendent or other
designated school official; and

 
B.__That the employment conforms with the provisions of this
subchapter.

 
The superintendent's office shall distribute the work permit to
the minor.__The work permit is valid only for the employer and
positions listed on the permit as issued by the bureau.

 
4. Conditions for revocation. The superintendent may revoke
the work permit issued to a minor by the bureau if the
superintendent determines that the minor has not maintained the
conditions for issuance of the work permit under subsection 2,
paragraph A. The superintendent shall revoke 2nd work permits at
the end of the summer vacation in accordance with the limits
imposed by subsection 2, paragraph D. The superintendent shall
notify the Director of the Bureau of Labor Standards and the
minor's employer in writing upon revoking a minor's work permit.
The revocation is effective upon receipt by the employer of the
superintendent's notice.

 
5. Permit on file. The employer shall keep all work permits
issued for the employer's minor employees on file and accessible
to any attendance officer, factory inspector or other authorized
officer charged with the enforcement of this subchapter.

 
6. Exception. This section does not apply to minors engaged
in work performed in the planting, cultivating or harvesting of
field crops or other agricultural employment not in direct
contact with hazardous machinery or hazardous substances or to
minors engaged in household work. Minors who are participants in
summer youth employment and training programs funded by the
Department of Labor are exempt from obtaining individual permits
as long as the program employing the minor has

 
submitted a master permit as developed by the director under
section 777.

 
Sec. 2. 26 MRSA §777, as amended by PL 1993, c. 527, §2, is further
amended to read:

 
§777. Blanks furnished; filing of triplicate permits; surrender

 
and cancellation of permits

 
The blank work permit required by section 775 must be
formulated by the director and furnished by the director to the
persons authorized to issue sign work permits. The forms of the
permits must be approved by the Attorney General. Every work
permit must be made out in triplicate. All triplicates,
accompanied by the original papers on which the permits were
issued signed, must be forwarded to the bureau by the officer
issuing signing the permits, within 24 hours of the time the
permit was issued signed. The bureau shall examine the papers
and promptly return them to the officer who sent them after
validating the copies and retaining one copy for bureau files.
The officer may then return to the minor all papers filed in
proof of age. Whenever there is reason to believe that a work
permit was improperly issued signed, the director, deputy
director or agent shall notify the local superintendent of
schools of the place in which the certificate was issued signed.
The local superintendent shall cancel the permit when directed to
do so by the director. The director may develop an electronic
transmittal system to fulfill these requirements.

 
The director shall develop a master permit system for
participants in summer youth employment and training programs
funded by the Department of Labor. The master permit eliminates
the need for prior approval by the director or the superintendent
of schools. A minor on a master permit may be removed from the
master permit for the same reasons and in the same manner as
applicable to an individual work permit.

 
SUMMARY

 
This bill clarifies that a work permit is effective when
approved and issued by the Department of Labor, Bureau of Labor
Standards.

 
This bill also clarifies that the permit is in force only for
the specific employer listed on the permit.

 
This bill also allows the Bureau of Labor Standards to adopt
an electronic transmittal system to speed up the work permit
process.


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