Alaska Administrative Code

(a) At any stage in the proceedings in a contested case, the parties may enter into a settlement agreement disposing of part or all of a contested case. A settlement agreement must be in writing and must be filed with the board. (b) A settlement agreement must include: (1) an att…

Each employer shall post and keep posted a notice or notices, to be furnished by the department, informing employees of the protections and obligations provided for in AS 18.60.010-18.60.105. The notice or notices must be posted by the employer in each establishment in a conspicu…

Unless the context indicates otherwise, in this chapter (1) "board" means the Occupational Safety and Health Review Board; (2) "commissioner" means the Commissioner of Labor and Workforce Development; (3) "department" means the Alaska Department of Labor and Workforce Development…

(a) Depositions must be taken in accordance with AS 44.62.440. (b) The parties may undertake discovery by any other appropriate procedure, including written interrogatories, requests for production, requests for admission, or inspection of the place of employment. Discovery under…

(a) The board shall schedule hearings on a quarterly basis, unless upon a motion by a party or on its own motion, the board schedules an expedited hearing. (b) At least 30 days before the hearing, the board shall notify all parties at their addresses of record of the date, time, …

Notes 8 AAC 61.210 Eff. 1/10/75, Register 53; repealed 12/2/94, Register 132 State regulations are updated quarterly; we currently have two versions available.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 …

(a) The board shall prepare and issue a written decision within a reasonable time after the close of the hearing record in a contested case. In reaching its decision, the board shall consider the whole record and shall include in the written decision findings of fact, conclusions…

Notes 8 AAC 61.225 Eff. 9/30/76, Register 59; am 1/4/78, Register 64; am 10/2/83, Register 87; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior q…

Notes 8 AAC 61.230 Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 9/30/76, Register 59; am 1/4/78, Register 64; am 10/2/83, Register 87; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a compari…

Notes 8 AAC 61.240 Eff. 1/10/75, Register 53; am 9/30/76, Register 59; am 1/4/78, Register 64; am 12/31/80, Register 76; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most rece…

Notes 8 AAC 61.250 Eff. 1/10/75, Register 53; repealed 10/6/2002, Register 164 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 b…

Notes 8 AAC 61.260 Eff. 1/10/75, Register 53; am 6/24/79, Register 70; am 2/6/82, Register 81; am 3/30/90, Register 113; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most rece…

Notes 8 AAC 61.270 Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 6/24/79, Register 70; am 2/6/82, Register 81; am 3/30/90, Register 113; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a compar…

Notes 8 AAC 61.275 Eff. 9/30/76, Register 59; repealed 10/6/2002, Register 164 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 b…

Notes 8 AAC 61.277 Eff. 1/4/78, Register 64; repealed 10/6/2002, Register 164 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…

Notes 8 AAC 61.280 Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 1/26/78, Register 65; repealed 10/6/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior…

Notes 8 AAC 61.285 Eff. 1/10/75, Register 53; repealed 10/6/2002, Register 164 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 b…

Notes 8 AAC 61.290 Eff. 1/10/75, Register 53; repealed 10/6/2002, Register 164 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 b…

Notes 8 AAC 61.295 Eff. 1/10/75, Register 53; am 1/26/78, Register 65; repealed 10/6/2002, Register 164 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 c…

Notes 8 AAC 61.300 Repealed 1/26/78. 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 added as we have more versions to compar…

Notes 8 AAC 61.310 Repealed 1/26/78. 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 added as we have more versions to compar…

(a) No particular form is prescribed for applications and other papers which may be required by secs. 330 - 350 of this chapter. (b) Each application or other paper filed in proceedings under secs. 330 - 350 of this chapter must be subscribed by the person filing same or by his a…

(a) An employer desiring a temporary variance from a safety or health standard adopted pursuant to AS 18.60.010-18.60.105 may file a written application with the commissioner requesting a temporary variance. (b) An application filed pursuant to (a) of this section must include (1…

(a) An employer desiring a permanent variance from a safety or health standard, or portion thereof, adopted pursuant to AS 18.60.010-18.60.105 may file a written application with the commissioner requesting a permanent variance. (b) An application filed pursuant to (a) of this se…

(a) An employer, employee, or the employees' authorized representative may apply in writing to the commissioner for modification or revocation of a permanent variance issued pursuant to AS 18.60.077. An application will not be considered unless the variance has been in effect for…

(a) If an application filed under 8 AAC 61.330 - 8 AAC 61.350 does not substantially conform to the requirements of the applicable section, the commissioner may deny the application. If the application is denied, the commissioner will give prompt notice of the denial with reasons…

All variances granted pursuant to 8 AAC 61.330 - 8 AAC 61.350 take effect on the date the order is signed by the commissioner or at a future date as determined by the commissioner and specified in the order. Notes 8 AAC 61.365 Eff. 1/26/78, Register 65 Authority:AS 18.60.020 AS 1…

(a) Requests for a hearing allowed by 8 AAC 61.330 - 8 AAC 61.350 must be filed with the commissioner within 20 days after the filing of the application required by 8 AAC 61.330 - 8 AAC 61.350. If the commissioner proposes to modify or revoke a variance, the hearing request must …

The commissioner, on the commissioner's own motion or by motion of any party, may consolidate or contemporaneously consider two or more proceedings that involve the same or closely related issues. Notes 8 AAC 61.380 Eff. 1/10/75, Register 53; am 7/28/2013, Register 207 Authority:…

(a) Upon request for a hearing on an application as provided in 8 AAC 61.3308 AAC 61.350, or on the commissioner's own initiative, the commissioner will serve the affected parties personally or by registered mail a notice of the hearing. The notice will be given at least 30 days …

Service of a document upon a party may be made by personal delivery or registered mail to the last known address of the party. The person serving the document shall certify to the manner and the date of the service. Notes 8 AAC 61.400 Eff. 1/10/75, Register 53 Authority:AS 18.60.…

(a) Upon request of an employer, the department may provide consultative and training services. Services will be limited to the interpretation and application of AS 18.60.010-18.60.105 and the regulations, standards, orders and rules adopted pursuant thereto. (b) Requests may be …

(a) Consultants and trainers may make recommendations regarding the elimination of any condition or practice discovered that creates a safety or health hazard during the course of an on-site visit. (b) A visit by a consultant or trainer to a place of employment will not be regard…

(a) An employer will, upon request, be exempt from a general scheduled enforcement inspection for a period of one year after the end of the closing conference of a consultative on-site visit that covers all conditions and operations in the workplace, if the employer (1) corrects …

(a) In AS 18.60.089 and 8 AAC 61.470 - 8 AAC 61.530, an "employee" (1) includes an employee as defined in AS 18.60.105; (2) may, in the department's discretion, include an applicant for employment, as required by 29 C.F.R. 1977.5(b); and (3) need not be employed by the discrimina…

(a) To establish a violation of AS 18.60.089, the employee's engagement in a protected activity need not be the only consideration for discharge or other discrimination. AS 18.60.089 is violated if (1) engaging in a protected activity is a substantial reason for the action; and (…

An employee who refuses to comply with occupational safety and health regulations or valid safety rules implemented by an employer may jeopardize rights afforded by AS 18.60.010-18.60.105. Disciplinary measures taken by an employer solely in response to employee refusal to comply…

An employee, or a representative of an employee, who believes that a violation of AS 18.60.089 has occurred, may file a complaint. Notes 8 AAC 61.500 Eff. 9/21/85, Register 95; am 11/29/2017,Register 224, January 2018 Authority:AS 18.60.020 AS 18.60.030 AS 18.60.089 State regulat…

The department will, in its discretion, continue its investigation of a discrimination complaint and pursue appropriate legal proceedings regardless of the withdrawal of a complaint. Notes 8 AAC 61.510 Eff. 9/21/85, Register 95 Authority:AS 18.60.020 AS 18.60.030 AS 18.60.089 Sta…

(a) An employee who files a complaint under AS 18.60.089 may also seek relief under grievance arbitration provisions in applicable collective bargaining agreements and may concurrently seek relief from other agencies, such as the National Labor Relations Board. The department's j…

(a) The director shall determine if a complaint under AS 18.60.089 merits referral to the attorney general to bring an action in the superior court against the violator. (b) If the director determines that the complaint does not have merit, the complainant may obtain a review of …

A person performing, directly supervising, or monitoring asbestos abatement work must have a certificate issued under 8 AAC 61.720. The certificate must be in the person's possession when performing work subject to AS 18.31.200, and must be shown to a representative of the depart…

An employer must assure that an employee who performs, designs, directly supervises, or monitors asbestos abatement work has a current certification, as specified in 8 AAC 61.600, through a department-approved asbestos abatement training program. Notes 8 AAC 61.610 Eff. 10/1/85, …

(a) Before a person, association, union, corporation, contractor, or other entity may undertake a program to train and certify persons under AS 18.31.200, the person, association, union, corporation, contractor, or other entity must submit to the department an application, as des…

(a) An application for approval of an asbestos abatement training program submitted to the department must include (1) the applicant's name, address, telephone number, and social security number; (2) a detailed description of the topics, including the amount and type of hands-on …

(a) The training provider must have an approved training course under 8 AAC 61.630 in order to receive approval to instruct an asbestos renewal course. (b) The renewal course specified in (a) of this section must be conducted as a separate and distinct course and may not be combi…

(a) A change to an approved asbestos abatement training program or contractor plan must be approved by the department before any implementation of the proposed change. A filing fee of $250 must be submitted with any proposed content change. (b) If a change in state or federal asb…

Notes 8 AAC 61.650 Repealed 1/4/90. 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 added as we have more versions to compare…

(a) The department will, within 90 days after receipt, (1) review an application filed under 8 AAC 61.620(a) that meets the requirements of 8 AAC 61.630, or 8 AAC 61.635, as appropriate; and (2) review a contractor's plan that meets the requirements of 8 AAC 61.620(b). (b) If an …

(a) The department's approval of a training program is valid for one year after the date of approval unless the department withdraws approval of the program under 8 AAC 61.760. (b) The department will renew its approval of an initial training program for a period of one year, if …