LD 1380
pg. 7
Page 6 of 10 An Act To Promote Safety and Fair Labor Practices for Forestry Workers Page 8 of 10
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LR 266
Item 1

 
in subsection 4, paragraph B are present, a fine of not less
than $1,000 nor more than $50,000 for each violation may be
adjudged.

 
A.__Each day that a violation of section 643, 644, 645 or
646 or rules adopted pursuant to those sections remains
uncorrected following notice to the employer or other
person may be counted as a separate violation.

 
B.__The bureau may direct an employer or other person to
correct any violations in a manner and within a time frame
that the bureau determines appropriate to ensure
compliance with this subchapter, with the rules adopted
under this subchapter or to protect the public health.__
Failure to correct violations within a time frame
established by the bureau constitutes a separate violation
subject to fine.

 
C.__The Attorney General may bring an action seeking
forfeitures under this subsection, to enjoin violations of
this subchapter and for any other available remedy.

 
4.__Private right of action.__A person aggrieved by a
violation of this subchapter or any regulation under this
subchapter by an employer or other person or entity may file
suit in any court of this State having jurisdiction over the
parties, without regard to exhaustion of administrative
remedies that may exist.

 
A.__If the court finds that an employer or other person
has violated a provision of this subchapter or any rule
adopted pursuant to this subchapter, the court shall award
damages up to and including an amount equal to the actual
damages or statutory damages of up to $2,500 per plaintiff
per violation, equitable relief as appropriate, costs and
reasonable attorney's fees to the aggrieved person or
persons.

 
B.__Notwithstanding paragraph A or C, the court shall
award statutory damages of up to $50,000 per plaintiff per
violation if the court finds that:

 
(1) The defendant knowingly required or permitted a
driver to drive a vehicle used to transport any
forestry worker while under the influence of alcohol
or any substance listed in Title 17-A, section 1102,
the defendant had actual knowledge of the driver's
condition and, as a result of the driver's driving
while under the influence, the forestry worker
represented in the action under this subsection
suffered bodily injury or death;


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