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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 616
H.P. 1015 - L.D. 1380

An Act To Promote Safety and Fair Labor Practices for Forestry Workers

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 26 MRSA c. 7, sub-c. 2-A is enacted to read:

SUBCHAPTER 2-A
EMPLOYMENT STANDARDS IN THE FORESTRY INDUSTRY

§641. Rule of construction

     This subchapter must be liberally construed in light of the purposes of the law to ensure a safe working environment and safe transportation for forestry workers and to prevent unfair competition in the marketplace by businesses whose practices would undermine safety and other employment standards.

§642. Definitions

     As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

     1. Bureau. "Bureau" means the Department of Labor, Bureau of Labor Standards.

     2. Code of Federal Regulations. "Code of Federal Regulations" means the Code of Federal Regulations as of January 1, 2003.

     3. Employer. "Employer" means a person or entity that suffers or permits any forestry worker to work.

     4. Forestry worker. "Forestry worker" or "worker" means a person employed on a temporary or seasonal basis to perform reforestation activities, including, but not limited to, precommercial thinning, tree planting and brush clearing.

§643. Transportation of workers

     1. Requirement. An employer shall provide safe transportation for forestry workers between the workers' lodgings and work sites each day at no cost to the workers.

§644.   Prohibition against discrimination and retaliation

     An employer or other person may not intimidate, threaten, restrain, coerce, blacklist, discharge, fail to recruit, fail to rehire or in any manner discriminate or retaliate against a forestry worker because the worker has:

     1. Proceedings. Made, filed, instituted, caused to be instituted or participated in any way in any proceeding under or related to this subchapter;

     2. Exercise of rights or protections. Exercised in any way, on the worker's own behalf or on behalf of others, any right or protection afforded by this subchapter;

     3. Discussions. Discussed any matter that is a subject of or is related in any way to this subchapter, or any other lawful matter, with any other person, including, but not limited to, that forestry worker's employer or the employer's agent or employee; or

     4. Complaints. Made, filed, instituted, caused to be instituted or participated in any way in any lawful complaint, lawsuit or other proceeding of any kind.

§645. Waiver of rights prohibited

     Any agreement by a forestry worker purporting to waive or modify any of the worker's rights under this subchapter is void as contrary to public policy.

§646. Violations; enforcement

     1. Joint and several liability. If more than one person or entity is an employer of the same forestry worker or group of workers, each such person or entity is jointly and severally liable for all violations of this subchapter.

     2. Enforcement by bureau. The bureau may inspect vehicles subject to this subchapter and used to transport forestry workers and may enforce compliance with this subchapter in accordance with this section.

     3. Civil violation. An employer who violates this subchapter or any of the rules adopted to implement this subchapter commits a civil violation for which a fine of not less than $100 nor more than $1,000 for each violation, payable to the State, may be adjudged.

     Sec. 2. Report on safety efforts. By January 15, 2005 and by January 15th of each year thereafter, representatives of a trade association designated by forest landowners and forest management companies engaged in the practice of reforestation work shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on a safety program designed to provide training, including driver training, first aid training and other appropriate safety training, and to improve safety standards, safety equipment and vehicles in reforestation activities. The report must include, but not be limited to, the number of contractors participating in the safety program in relation to the number operating in the State and a thorough summary of the substance of the training.

     Sec. 3. Working group. The Commissioner of Labor shall convene a working group of interested persons, including, but not limited to, forestry industry representatives, representatives of forestry workers and representatives of the workers' compensation insurance industry to determine what data are available that reflect the safety conditions of forestry workers and related matters and what additional data should reasonably be collected to assess and improve safety conditions. By February 15, 2005, the commissioner shall report on the results of the working group's work and shall recommend to the joint standing committee of the Legislature having jurisdiction over labor matters a system of regularly collecting and reporting such information to policy makers to help inform their efforts to improve safety in the forestry industry.

Effective July 30, 2004, unless otherwise indicated.

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