BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                              STATE OF MONTANA

 

In the matter of the amendment of ARM 24.16.7551, the amendment and transfer of ARM 24.16.102, 24.16.111, 24.16.211, and 24.16.1508, the transfer of ARM 24.16.2101, the adoption of NEW RULES I through IV, and the repeal of ARM 24.16.501, 24.16.502, 24.16.503, 24.16.1002, 24.16.1004, 24.16.1005, 24.16.1006, 24.16.1007, 24.16.1008, 24.16.1009, 24.16.1010, 24.16.1011, 24.16.1012, 24.16.1501, 24.16.1502, 24.16.1503, 24.16.1504, 24.16.1505, 24.16.1506, 24.16.1507, 24.16.2501, 24.16.2502, 24.16.2503, 24.16.2504, 24.16.2505, 24.16.2512, 24.16.2513, 24.16.2514, 24.16.2515, 24.16.2516, 24.16.2517, 24.16.2518, 24.16.2519, 24.16.2520, 24.16.2521, 24.16.2522, 24.16.2523, 24.16.2524, 24.16.2525, 24.16.2531, 24.16.2532, 24.16.2533, 24.16.2541, 24.16.2542, 24.16.2543, 24.16.2544, 24.16.2551, 24.16.2552, 24.16.2553, 24.16.2554, 24.16.2555, 24.16.2556, 24.16.2557, 24.16.2571, 24.16.2581, 24.16.5501, 24.16.6101, 24.16.6102, and 24.16.6901 regarding wages and hour rules

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NOTICE OF AMENDMENT, AMENDMENT AND TRANSFER, TRANSFER, ADOPTION, AND REPEAL

 

TO: All Concerned Persons

 

            1. On January 26, 2024, the Department of Labor and Industry (agency) published MAR Notice No. 24-16-388 regarding the public hearing on the proposed changes to the above-stated rules, at page 108 of the 2024 Montana Administrative Register, Issue No. 2.

 

            2. On February 15, 2024, a public hearing was held on the proposed changes to the above-stated rules via the videoconference and telephonic platform. Comments were received by the deadline.

 

            3. The agency has thoroughly considered the comments received. A summary of the comments and the agency responses are as follows:

 

COMMENT 1: Several commenters thanked the department for simplifying and streamlining the wage and hour rules in this project.

 

RESPONSE 1: The department appreciates all comments received in the rulemaking process.

 

COMMENT 2: Several commenters questioned the exemption of 29 CFR 785.39 in NEW RULE I(1)(b), asking if a 9 to 5 employee getting a ride during regular work hours with a work crew to another location would count that travel time as hours worked.

 

RESPONSE 2: The department decided not to adopt the federal reference regarding travel time away from the home community because travel as a passenger may be considered work time even if outside the employee's regular working hours if the employer is requiring or allowing (suffered or permitted) the employee to travel.  The department intends to review each matter independently to address hours worked when travel is away from the home community.

 

COMMENT 3: Some commenters asked if the new definition of "safety instruction" at ARM 24.16.102(12) (renumbered ARM 24.16.3001) would apply to the requirements of ARM 24.22.704(1)(c).

 

RESPONSE 3: As defined and used in ARM Title 24, chapter 22, subchapter 7, references to "safety instruction" are intended to guide employees to identify, report, and address hazards or incidents which can typically be done with two hours of new employee training.  ARM Title 24, chapter 22 is intended to assist employers to obtain reimbursement for workers' compensation premiums when hiring students in a qualified high-quality work-based learning opportunity.

In 2021, House Bill 282 amended several sections of Title 41, chapter 2, MCA, and it is necessary to define some of the statutory terms.  While "safety instruction" is used frequently in this area of law, the department is proposing the 10-hour training in ARM 24.16.3001(12) to further clarify 41-2-109(2), MCA, which allows minors under the age of 16 to work in otherwise prohibited employment and requires training approved by the 4-H program, the U.S. Department of Education, or the department.  The department concluded that the training should be beyond a tour and explanation of a business' current safety practices typically included in new employee training.  The department has an approved program and performs the OSHA 10 trainings.

 

            4. The agency has amended ARM 24.16.7551 as proposed.

 

            5. The agency has amended and transferred ARM 24.16.102 (24.16.3001), 24.16.111 (24.16.3004), 24.16.211 (24.16.3007), and 24.16.1508 (24.16.3022) as proposed.

 

            6. The agency has transferred ARM 24.16.2101 (24.16.3025) as proposed.

 

            7. The agency has adopted NEW RULES I (24.16.3010), II (24.16.3019), III (24.16.3013), and IV (24.16.3016), as proposed.

 

            8. The agency has repealed ARM 24.16.501, 24.16.502, 24.16.503, 24.16.1002, 24.16.1004, 24.16.1005, 24.16.1006, 24.16.1007, 24.16.1008, 24.16.1009, 24.16.1010, 24.16.1011, 24.16.1012, 24.16.1501, 24.16.1502, 24.16.1503, 24.16.1504, 24.16.1505, 24.16.1506, 24.16.1507, 24.16.2501, 24.16.2502, 24.16.2503, 24.16.2504, 24.16.2505, 24.16.2512, 24.16.2513, 24.16.2514, 24.16.2515, 24.16.2516, 24.16.2517, 24.16.2518, 24.16.2519, 24.16.2520, 24.16.2521, 24.16.2522, 24.16.2523, 24.16.2524, 24.16.2525, 24.16.2531, 24.16.2532, 24.16.2533, 24.16.2541, 24.16.2542, 24.16.2543, 24.16.2544, 24.16.2551, 24.16.2552, 24.16.2553, 24.16.2554, 24.16.2555, 24.16.2556, 24.16.2557, 24.16.2571, 24.16.2581, 24.16.5501, 24.16.6101, 24.16.6102, and 24.16.6901 as proposed.

/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ SARAH SWANSON Sarah Swanson, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State February 27, 2024.