§44. Right of access
The director, and any authorized agent of the bureau, may enter any workplace as defined in section 1, provided by the State or by a state agency, county, municipal corporation, school district or other public corporation or political subdivision when the same are open or in operation, for the purpose of gathering facts and statistics under sections 42 to 44, and may examine the methods of protecting employees from danger, the safety and health of employees and sanitary conditions in and around such buildings and places, and may make a record of such inspection. Upon petition of the director, a Superior Court in the county in which any refusal to permit entry or fact gathering or inspection was alleged to have occurred may order appropriate injunctive relief against any person in charge of the workplace who refuses entry to the director or authorized agent of the bureau. [PL 2017, c. 219, §4 (AMD).]
Each employer subject to this section shall make, keep and preserve, and make available to the director or the director's authorized agent, upon request, such records regarding the employer's activities relating to occupational safety and health as the director may prescribe by rule as necessary or appropriate for the enforcement of section 45 or any rule adopted pursuant to section 565 or for developing information regarding the causes and prevention of occupational accidents, diseases and illnesses. Any information obtained by the director must be obtained with a minimum burden upon employers, especially those employing a small work force. [PL 2013, c. 473, §2 (AMD).]
The bureau shall also issue rules requiring that employers through posting of notices or other appropriate means keep their employees informed of their protections and obligations under this chapter and chapter 6, including the provisions of applicable standards. [PL 2013, c. 473, §2 (AMD).]
SECTION HISTORY
PL 1971, c. 620, §13 (AMD). PL 1975, c. 519, §4 (AMD). PL 2013, c. 473, §2 (AMD). PL 2015, c. 138, §2 (AMD). PL 2017, c. 219, §4 (AMD).
Structure Maine Revised Statutes
26 §41. Director; personnel; salaries; expenses
26 §42-A. Safety education and training programs
26 §42-B. Bureau to furnish poster or notice outlining state labor laws
26 §42-C. Notification regarding earned income tax credit eligibility
26 §43. Facts and statistics; seal; testimony; sources confidential
26 §44-A. Walkaround inspections
26 §45. Notice of improper conditions
26 §45-A. Application of sections 44 and 45 (REPEALED)
26 §46. Failure to cooperate or comply
26 §47. Municipal officers to furnish information
26 §50. Inspections in response to complaint
26 §51. Commission on Safety and Health in the Maine Workplace (REPEALED)