Private sector (private businesses and nonprofit organizations) employers in Maine are governed by the federal Occupational Safety and Health Act (OSH Act) and federal safety and health standards. Maine has a federally approved occupational safety and health regulatory program that governs public sector (government offices and operations) employers.
The state's respiratory protection rules for public sector employers (state, county, and local government agencies, commissions, and school systems) mirror federal rules (Code of ME Rules (CMR) 12-179-002 for general industry and CMR 12-179-003 for the construction industry), with additional requirements for respiratory medical evaluations that are stricter than federal rules.
The U.S. Department of Labor/Occupational Safety and Health Administration (OSHA) administers and enforces federal workplace safety and health requirements in private sector workplaces in the state. The Maine Department of Labor/Workplace Safety Division administers safety and health rules for public sector workplaces.
Public Sector-Medical Evaluations
The medical evaluation will include questions 1 to 15, Part A section II. Any "yes" answers to these questions require a medical follow-up.
Periodic medical evaluation must be administered according to the following schedule:
- Employees up through 35 years old at least every 5 years
- 36 to 40 years old at least every 2 years
- Over 40 years old at least annually
The employer, at the written request of the employee, must forward a copy of the written recommendation of the PLHCP to another employer. Employers are not required to accept the transfer medical evaluation.
Emergency respirators. Emergency respirators must be ...