MEMORANDUM

TO:		Mandatory Poster Agency, Inc.

FROM:	Rhonda R. Ames

RE:		Montana posters

DATE:	March 12, 2008

The Montana website was difficult in that the posters weren’t necessarily supplied on the website.  Therefore, I sent an email to the Department of Labor requesting a copy of the mandatory posters. Upon a review of what they sent me, all but one of the posters are federal posters. Therefore, I continued to work on the posters and calling various departments of Montana and have the following recommendations:
POSTERS

Minimum Wage
http://erd.dli.mt.gov/laborstandard/documents/wageposter08.pdf

Please note that there is no state requirement that the state minimum wage be posted.  I have verified that with the Wage & Hour Unit of Montana.

However, I would recommend that MPA continue to print Montana’s state minimum wage poster. Therefore, the only change I would suggest is to remove the $6.15 listed as “current.”  “Current” should now be listed as $6.25.

Clean Indoor Air Act
http://tobaccofree.mt.gov/cleanairact/overviewqafinal.pdf

Montana has educational material regarding the Clean Indoor Air Act on its website.  Mandatory has printed that educational material on its poster.  While I do not believe that the Q & A fits the posting requirements, I do find that it answers what establishments are covered by the Act, and some of the exceptions.

I would not advise that Mandatory print the international symbol for no-smoking because of those establishments that fall within an exception.  Therefore, I would suggest that MPA leave the Q & A educational material since they have informed employers of the necessity of posting signs.

I would also suggest that Mandatory provide a separate insert in its package to Montana employers similar to the following (making it at least an 8 ½ x 11 format):

Pursuant to Montana Code Annotated §50-40-104, smoking in an enclosed public place is prohibited, unless allowed under an exception.

[In this spot, print the international
symbol for no smoking]

I would also recommend that MPA insert an instruction to Montana employer’s similar to the following:

Montana Employers,

Pursuant to Montana Code Annotated §50-40-104, smoking in an enclosed public place is prohibited.  Therefore, employers of an establishment containing an enclosed public place shall post a sign in a conspicuous place at all public entrances to the establishment that no smoking in the enclosed public place is prohibited.

Proprietors or managers of an intrastate bus that is not chartered shall prohibit smoking in all parts of the bus.  Proprietors or managers of a business licensed under Montana Code 23-5-611(1)(a) or (1)(c) may not allow any member of the public who is under 18 years of age to be present in any area of the establishment in which smoking is prohibited.

The prohibition against smoking in an enclosed public place does not apply to the following places, whether or not the public is allowed access to those places:

(1) Until September 30, 2009, bars, provided that smoke from the bar does not infiltrate into areas where smoking is prohibited under §50-40-104;

(2) A private residence, unless it is used for any of the following purposes, in which case the prohibition applies: (i) a family day-care home or group day-care home, as defined by Montana Code §52-2-703 and licensed pursuant to Title 52, Chapter 2, Part 7; (ii) an adult foster care home, as defined in Montana Code §50-5-101 and licensed pursuant to Title 50, Chapter 5; or (iii) a health care facility, as defined in Montana Code §50-5-101 and licensed pursuant to Title 50, Chapter 5;

(3) A private motor vehicle;

(4) School property in which smoking is allowed pursuant to the exception in Montana Code §20-1-220;

(5) A hotel or motel room designated as a smoking room and rented to a guest; however, not more than 35 percent of the rooms available to rent to guests may be designated as smoking rooms; and

(6) A site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.

If you are an employer that is subject to Montana Code §50-40-104, and do not fall within one of the exceptions, please post the enclosed No Smoking sign in a conspicuous place at the public entrance.

Discrimination is Against the Law
http://erd.dli.mt.gov/humanright/documents/discisagainstlaw.pdf

There are numerous textual changes to the poster.  Therefore, I would recommend reprinting it in its entirety.

I don’t actually believe this to be a required poster.  The statute that references this poster, indicates that “The commission may require . . .”  Although the statute uses the term “may,” which is a discretionary term, I would still advise that MPA print the poster.

Sexual Harassment

I have looked throughout the Montana website and have not found this to be a required poster.  Further, I also spoke with an Attorney for the Human Rights Department.  She indicated that there is a statute that corresponds with posting under the Montana Human Rights Act.  She went on to say that Montana Statute 49-2-202 provides the authority to require a poster.  She said generally, that an employer is directed to post when and if they have been found to have acted in violation of the Act.

Although this poster is not required, I would recommend that MPA leave this on their poster.

OSHA
http://erd.dli.mt.gov/safetyhealth/brochures/postermt.pdf
This is the URL for the public employers.  Private employers are to post the federal OSHA poster.

The public employers OSHA poster is correct as is.

Workers Compensation

I am unable to provide a current copy of this poster.  It appears that an employer must obtain it from its insurance carrier.  Montana does list this as a required poster.

I would suggest that MPA provide an 8 ½ x 11 inch space and direct the employer to post its workers compensation notice in that space. 

Pursuant to Montana Code §39-71-401, each employer shall post proof of Workers’ Compensation coverage.

[Attach proof of Workers’ 
Compensation coverage here]

Unemployment Insurance

I am unable to provide a current copy of this poster.  I have called the phone number listed on the required postings page and they cannot send out the form until they have verified that the specific employer has registered with them.  Therefore, I would suggest that MPA leave their current unemployment insurance notice as is.

Child Labor Law

This is not a required posting.  Further, I cannot find the information that MPA has printed.

Prevailing Wage

MPA needs to add a prevailing wage notice to its poster.  I would suggest the following:

Pursuant to Montana Code Annotated 18-2-406, a Contractor performing work or providing construction services under public works contracts shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.

FLYERS

Unemployment Insurance

Please revise the title to read:  Montana Unemployment Insurance Law, Admin. Rule 24.11.2701

Discrimination

Please revise the language to read as follows:

“The commission may require any employer, employment agency, labor union, educational institution, or financial institution or the owner, lessee, manager, agent, or employee of any public accommodation or housing accommodation subject to this chapter to post, in a conspicuous place on his premises or in the accommodation, a notice . . . approved by the commission containing relevant information that the commission considers necessary to explain this chapter.  Any person or institution subject to this section who refuses to comply with an order of the commission respecting the posting of a notice is guilty of a misdemeanor and punishable by a fine or not more than $50.”

Workers Compensation

Please revise the language to read as follows:

“Each employer shall post a sign in the workplace at the location where notices to employees are normally posted, informing employees about the employer’s current provision of workers’ compensation insurance. . . . An employer who purposely or knowingly fails to post a sign as provided in this subsection is subject to a $50 fine for each citation.”

Prevailing Wage

Please revise so that it reads as follows:

Montana Prevailing Wage Law (Montana Annotated Code Title 18, Chapter 2, Section 406)
“The contractor performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.”

Please add the following to the flyer:

	Clean Indoor Air Act (Montana Code Annotated, Title 50, Chapter 40, Section 104)
“The proprietor or manager of an establishment containing enclosed public places shall post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.”

Job Safety and Health (OSHA Public Employers) (Industrial Safety & Health Rule 24.30.104)
“Each employer shall post and keep posted a notice or notices . . . informing employees of the protections and obligations provided for in the Montana Safety Act.  Such notice or notices shall be posted by the employer in each public entity in a conspicuous place or places where notices to employees are customarily posted.”