Comparison: State vs. Federal
Private sector (private businesses and nonprofit organizations) employers in Maine are governed by the federal Occupational Safety and Health Act (OSH Act) and OSHA’s regulations. Maine has a federally approved occupational safety and health regulatory program that governs public sector (government offices and operations) employers.
The state has adopted the federal safety and health rules for public (state and local government and other political subdivisions) sector employers, and has adopted an injury and illness reporting requirement for public sector workplaces that is stricter than federal rules.
Any private or public sector employer whose workers’ compensation experience rating is 2 or more must establish a workplace health and safety plan.
Federal OSHA administers and enforces workplace safety and health regulations at private facilities in the state. The Maine Department of Labor (DOL) enforces the state occupational safety and health regulations in public sector workplaces.
PUBLIC SECTOR DEFINED
26 M.R.S.A. 563
Public sector employers are covered under state safety and health rules, whereas federal rules cover only private sector workplaces.
State law defines public sector employers as state, county, and municipal offices and operations, public schools, colleges and universities, and quasi-government agencies such as water districts that have employees. PUBLIC SECTOR INJURY AND ILLNESS REPORTING
Public sector employers must report all work-related fatalities, injuries, or illnesses where one or more public sector employees is admitted to a medical facility overnight.
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