Alaska Administrative Code

(a) If an appellant fails to comply with AS 23.30.125 - 23.30.128, fails to comply with this chapter, fails to pay the cost of preparing the transcripts, as provided in 8 AAC 57.120(i) and (j), or fails to comply with an order of the chair or commission, the chair will issue writ…

(a) A party may request an award of attorney fees and costs on appeal by filing a motion no later than 10 days after the date shown in the commission's notice of distribution of the final decision. (b) A request under (a) of this section for an award of attorney fees must include…

(a) In an appeal or petition for review, the chair or commission may order time periods or procedures that differ from time periods or procedures specified in this chapter, if (1) strict adherence to time periods or procedures specified in this chapter would work injustice; and (…

In this chapter, unless the context otherwise requires, (1) "board" means the Alaska Workers' Compensation Board; (2) "chair" means the executive officer of the commission, as provided in AS 23.30.007 and 23.30.009; (3) "commission" means the Workers' Compensation Appeals Commiss…

Notes 8 AAC 61.010 Eff. 6/30/73, Register 46; am 9/26/74, Register 51; am 5/7/75, Register 54; am 11/22/75, Register 56; am 3/27/76, Register 57; am 5/7/76, Register 58; am 8/11/76, Register 59; am 9/30/76, Register 59; am 12/16/76, Register 60; am 4/23/77, Register 62; am 1/26/7…

(a) The right of entry to conduct inspections will be exercised in accordance with AS 18.60.083. For the purposes of AS 18.60.083, "appropriate credentials" means an employee identification card indicating that the person is an employee of the department. (b) Upon refusal to perm…

Upon refusal to permit the department's representative, in the exercise of official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, review records, or to question an employer, owner, operator, agent in charge, or em…

No advance notice of inspection will be given, except in the following situations: (1) in cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; (2) in circumstances where the inspection can most effectively be conducted after regula…

(a) A representative of the employer and a representative authorized by the employees will be given an opportunity to accompany the department's representative during the inspection of any place of employment for the purpose of aiding the inspection. Additional employer represent…

(a) At the commencement of an inspection the employer must identify areas of work that contain or that might reveal a trade secret. If the department's representative has no reason to question that identification, information obtained in those areas, including all negatives and p…

The department's representative may consult with employees concerning matters of occupational safety and health to the extent determined necessary for an effective and thorough inspection. During the course of an inspection, employees will be afforded an opportunity to bring any …

(a) An employee or a representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists may request an inspection by giving notice of the violation or danger to the department. The notice …

(a) If after conducting a special inspection the department does not issue a citation, and within 30 days after the special inspection, the department will inform in writing the person giving notice under 8 AAC 61.080(a) of the reason that a citation was not issued. The notifying…

(a) When a representative of the department concludes that in a place of employment a condition or practice exists that creates an imminent danger, the representative shall immediately ask the commissioner or the commissioner's authorized designee to issue an order restraining th…

(a) Under AS 18.60.030, 29 C.F.R. 1904.0- 1904.38 and 1904.40 - 1904.46, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1015. (b) Under AS 18.60.030, 29 C.F.R. 1910.5(c) and (d), 1910.6, 1910.7…

Notwithstanding the posting requirements of 29 C.F.R. 1904.32, as amended, which is listed in 8 AAC 61.1010(a) as an occupational safety and health standard in this state, if an establishment is closed at the end of a calendar year because the establishment operates on a seasonal…

(a) In addition to the requirements set out in 29 C.F.R. 1910.109(e), as amended, an employer shall ensure the following: (1) all employees doing excavation, tunnel, quarry, earth removal, or construction work, and who are emplacing explosives for detonation, installing primers, …

In addition to the requirements set out in 29 C.F.R. 1910.134(i) (5), as amended, the employer shall either: (1) station a competent employee outside of the work area to monitor and attend the compressor and other equipment that supplies breathing air; this employee must be train…

(a) 29 C.F.R. 1910.142(b)(2), as amended, is revised to read: "Each room used for sleeping purposes shall contain at least 60 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided." (b) Notwithstanding (a) of this section, in temporary labor ca…

(a) repealed 11/29/2017. (b) Notwithstanding 29 C.F.R. 1910.146, the employer shall ensure that double block and bleed systems are not used as a means of isolation when the ambient air temperature at the point of isolation or the temperature of the product in the line at the poin…

The State of Alaska Occupational Safety and Health Additional Logging Standards dated July 31, 1995 are hereby adopted by reference to supplement 29 C.F.R. 1910.266, as amended. Notes 8 AAC 61.1060 Eff. 12/6/95, Register 136 Copies of all state-specific standards adopted by refer…

(a) Notwithstanding 29 C.F.R. 1910.268(b)(7), as amended, an employer may not allow an employee to approach or take any conductive object, without an insulating handle that meets the requirements of 29 C.F.R. 1910.269, closer to exposed energized parts of 5,000 volts or greater f…

(a) Notwithstanding 29 C.F.R. 1910.269(l)(2), as amended, an employer may not allow an employee to approach or take any conductive object, without an approved insulating handle that meets the requirements of 29 C.F.R. 1910.269(j)(1), closer to exposed energized parts of 5,000 vol…

Notwithstanding 29 C.F.R. 1910.333(c)(3), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground. Notes 8 AAC 61.1090 Eff. 12/6/95, Register 136 Authority:AS 18.60.020 AS 1…

(a) If on the basis of an inspection the department believes that the employer has violated a requirement of AS 18.60.010-18.60.105 or any regulation, standard, rule, or order promulgated pursuant thereto, the department will with reasonable promptness issue a citation to the emp…

Table Z-1-A of this section sets the standards to test limits for air contaminants in place of Table Z-1 contained in 29 C.F.R. 1910.1000, as amended. Notwithstanding Table Z-1-A, where 29 C.F.R. 1910.1053 applies, the permissible exposure limit for crystalline silica is 50 micro…

(a) In addition to the requirements set out in 29 C.F.R 1910.1200, as amended, an employer shall have a physical agent data sheet for each physical agent present in the employer's workplace. (b) Each physical agent data sheet must be in English and must contain at least the follo…

Notwithstanding 29 C.F.R. 1926.55, as amended, Table Z-1-A of 8 AAC 61.1100 sets out the standards to test limits for air contaminants for construction in place of Appendix A contained in 29 C.F.R. 1926.55(a), as amended. Notwithstanding Table Z-1-A, where 29 C.F.R. 1910.1053 app…

(a) In addition to the requirements set out in 29 C.F.R. 1926.752, as amended, when connecting beams, (1) the employer shall have one employee giving signals and shall make sure other employees are kept a safe distance from the beams being connected; (2) one end of the beam shall…

(a) Notwithstanding 29 C.F.R. 1926.950(c)(1), as amended, an employer may not allow an employee to perform rubber glove work on energized lines of 5,000 volts or greater from phase-to-phase or phase-to-ground. (b) Notwithstanding 29 C.F.R. 1926.950(c)(1), as amended, an employer …

Notwithstanding 29 C.F.R. 1926.955(a)(5)(i) and (e), as amended, the employer may not allow the use of live-line bare-hand work on overhead lines. Notes 8 AAC 61.1170 Eff. 12/6/95, Register 136 Authority:AS 18.60.020 AS 18.60.030 AS 18.60.075 State regulations are updated quarter…

The State of Alaska Occupational Safety and Health Petroleum Drilling and Production Standardsdated October 20, 1995 are adopted by reference. Notes 8 AAC 61.1180 Eff. 12/6/95, Register 136 Copies of all state-specific standards adopted by reference in 8 AAC 61.1180 may be obtain…

The State of Alaska Occupational Safety and Health Petroleum Refining, Transportation and Handling Standardsdated July 31, 1995 are adopted by reference. Notes 8 AAC 61.1190 Eff. 12/6/95, Register 136 Copies of all state-specific standards adopted by reference in 8 AAC 61.1190 ma…

(a) Upon receipt of a citation issued under 8 AAC 61.110, the employer shall immediately post the citation, or an unedited copy of the citation, at or near each place an alleged violation referred to in the citation occurred. If because of the nature of the employer's operation i…

If the commissioner has reason to believe that an employer has failed to correct, within the abatement period fixed by the citation, a violation of AS 18.60.010-18.60.105, or any regulation, standard, rule or order promulgated pursuant thereto, for which a citation has been issue…

(a) An employer may file a petition for modification of an abatement date when that employer has made a good faith effort to comply with the abatement requirements of a citation, but the abatement has not been completed because of factors beyond the employer's reasonable control.…

(a) The commissioner or the commissioner's authorized designee may assess a civil penalty when the department issues a citation under 8 AAC 61.110. The commissioner or authorized designee will assess a penalty for any violation classified as a serious, repeat, willful, or failure…

(a) 29 C.F.R. 1903.19, as amended is adopted by reference, except as provided in (b) and (c) of this section. (b) 29 C.F.R. 1903.19(b)(4)(ii), as amended, is revised to read: 'Final order date for a contested citation means the 30th day after the date on which the Alaska Occupati…

The period for abatement of a violation does not begin until the issuance of a final order by the review board in any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties. Notes 8 AAC 61.145 Eff. 1/26/78, Register 65 Author…

(a) A citation, notice of proposed penalty, or notice of abatement date is final unless the employer, an affected employee, or an authorized employee representative files a notice of contest. An affected employee or an authorized representative may contest only abatement dates. (…

(a) Within 15 working days after receipt of a citation, an affected employer, employee, or employee representative may request the director or the director's authorized designee to hold an informal conference to review and discuss any issues raised by an inspection, citation, not…

(a) When a notice of contest is filed in accordance with 8 AAC 61.150, the board shall conduct a full and impartial hearing. (b) During the course of the proceedings in a contested case, the board may (1) administer oaths and affirmations; (2) hold conferences for the settlement …

(a) Documents filed with the board must be mailed or electronically delivered to the Alaska Occupational Safety and Health Review Board. The date of filing is the date of receipt of the documents by the board. (b) When a party files documents with the board, the party shall mail,…

(a) The rules of procedure in this chapter govern the proceedings for notices of contest before the board. In the absence of a specific provision, procedure is governed by the rules of civil procedure. The board may make other rulings of procedure in a specific case if the board …

(a) Not later than 30 days after receipt by the department of a timely notice of contest, if the matter has not been settled or otherwise resolved, the department will file a complaint with the board. The complaint must specify the alleged violations, proposed penalties, and abat…

(a) Upon a motion by any party, or on its own motion, the board may require the parties to participate in a prehearing conference for the purpose of clarifying and simplifying the issues or procedures in a contested case. At the prehearing conference, the board may require the pa…

(a) The department may withdraw a citation or proposed penalty at any stage in the proceedings in a contested case. If a citation or proposed penalty is withdrawn before the hearing in a contested case, a notice of withdrawal must be submitted in writing to the board and copies m…

Notes 8 AAC 61.190 Eff. 1/10/75, Register 53; repealed 12/2/94, Register 132 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

"Place of employment" is any place such as, but not limited to, a factory, plant, business, construction site, or other area, workplace or environment where work is performed by an employee of an employer. Notes 8 AAC 61.1930 Eff. 1/10/75, Register 53 Authority:AS 18.60.020 State…

For the purposes of this chapter, an "establishment" is a single location where business is conducted or where services or industrial operations are performed. However (1) where distinctly separate activities are performed at a single physical location, each activity will be trea…