Subpart B
The Maine State Plan for State and local government employees received initial approval on August 5, 2015. This is stated under 1952.28(a).
The Maine State Plan covers only State and local government employers and employees within the State. See 1952.28(c) for this coverage limitation.
Maine committed to have, within three years of plan approval, 2 safety and 1 health compliance officers for enforcement inspections, and 3 safety and 1 health consultants for public-sector consultation services. The staffing assurances are described in 1952.28(b).
Maine gave satisfactory assurance of adequate funding to support the State Plan. The funding assurance is explicitly noted in 1952.28(b).
Maine must continue to provide a sufficient number of adequately trained and qualified personnel necessary for enforcement of standards as required by 29 CFR 1956.10. The continued-staffing obligation is referenced in 1952.28(b) and the requirement for adequate personnel is in 1956.10.
Under 1956.10, a State must assure that it will provide and maintain a sufficient number of adequately trained and qualified personnel necessary for the enforcement of occupational safety and health standards. This is the core personnel assurance that supports State Plan approval.
No, the Maine State Plan does not cover private-sector employers; it covers only State and local government employers and employees within the State. The scope limitation is stated in 1952.28(c).
You can find more details about the Maine State Plan on OSHA's Maine State Plan webpage at https://www.osha.gov/dcsp/osp/stateprogs/maine.html. The plan summary is also recorded under 1952.28.
Part 1952 is titled 'Approved State Plans for Enforcement of State Standards' and addresses State Plan approvals and listings. See the Part heading at 1952.
The compliance officers are designated for enforcement inspections (2 safety and 1 health), while the consultants are assigned for consultation services in the public sector (3 safety and 1 health). This distinction between enforcement staff and consultation staff is made in 1952.28(b).
The plan approval was published at 81 FR 6178 on February 5, 2016. That Federal Register citation appears in the text of 1952.28.
Yes, municipal employees are covered because the plan covers State and local government employers and employees within the State; local government includes municipalities. This coverage is stated in 1952.28(c).
Determine whether the job has occupational exposure to blood or other potentially infectious materials (OPIM); if it does, then the Bloodborne Pathogens Standard applies and must be enforced under the Maine State Plan because the plan covers State and local government employees. OSHA explains that the Bloodborne Pathogens Standard covers reasonably anticipated contact with blood or OPIM in the Bloodborne Pathogens interpretation and the Maine Plan coverage is in 1952.28(c).
OSHA's interpretation on spray booths explains that 29 CFR 1910.107 applies to structures meeting the spray booth definition and details related requirements (for example, sprinkler protection and acceptable alternative systems). That interpretation is available at https://www.osha.gov/laws-regs/standardinterpretations/2004-08-12, and Maine's State Plan covers State and local government workplaces per 1952.28(c).
The three-year staffing numbers were part of the State's plan to reach fully trained, adequate staff within three years, and the State also assured it will continue to provide sufficient and adequately trained personnel thereafter as required by 1956.10; so the three-year figures were a near-term commitment and the obligation to maintain adequate staffing is ongoing per 1952.28(b).
Yes, workers in Maine state and local government workplaces are covered by the Maine State Plan, which carries responsibility for enforcement of applicable occupational safety and health standards in those workplaces as reflected in 1952.28(c) and the broader Part 1952.