Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.60.010 Legislative intent.
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(a) The legislature finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, the people of the state in terms of loss of production, wage loss, medical expenses, and disability compensation payments. (b) F…
AS 18.60.020 Regulations.
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(a) The Department of Labor and Workforce Development shall issue the orders and adopt the regulations necessary to carry out the purposes of AS 18.60.010 — 18.60.105. (b) Upon adopting a regulation or standard, or granting any variance under this chapter, the commissioner shall …
AS 18.60.030 Duties of Department of Labor and Workforce Development.
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The Department of Labor and Workforce Development shall (1) study ways and means for prevention of accidents to persons on the streets and highways, in and on the water, in aircraft usage, in homes, on the farms, at schools, in industrial and commercial plants, and in public plac…
AS 18.60.040 Report.
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Before the sixth day of each regular legislative session, the department shall prepare a report showing the accomplishments in this state toward reductions in accidents of all types, and recommendations for legislation, together with a plan for the proposed safety program for the…
AS 18.60.050 Employment for education and enforcement purposes. [Repealed, § 9 ch 72 SLA 1973.]
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[Repealed or reserved.]
AS 18.60.055 Division of labor standards and safety.
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As established by AS 23.10.075, there is in the department a division of labor standards and safety. Minimum qualifications shall be established for employees of the department acting as safety inspectors under AS 18.60.010 — 18.60.105. These qualifications must include, as a min…
AS 18.60.057 Occupational Safety and Health Review Board.
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(a) There is created the Occupational Safety and Health Review Board within the Department of Labor and Workforce Development, referred to in this chapter as the OSHA Review Board. The board shall consist of three members appointed by the governor and confirmed by the legislature…
AS 18.60.058 Reporting of employment fatalities, hospitalizations, and injuries.
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(a) In the event of an employment accident that is fatal to an employee or that results in an employee's in-patient hospitalization, an employee's loss of an eye, or an employee's amputation, the employer shall report the accident. The report must be made by telephone or in perso…
AS 18.60.059 Legal counsel.
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(a) The attorney general is legal counsel for the OSHA Review Board. The attorney general shall advise the board on legal matters arising in the discharge of its duties and represent the board in actions to which it is a party. If, in the opinion of the board, the public interest…
AS 18.60.060 Cooperation by other state agencies.
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The agencies of the state shall cooperate with the department in its program of safety activities and shall make available information needed by the department relative to the accident problems and methods employed or recommended for accident prevention. The agencies may lend the…
AS 18.60.065 Importation of toxic and hazardous substances.
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Toxic and hazardous substances imported into the state shall be accompanied by a federal Occupational Safety and Health Administration (OSHA) form 20 or equivalent information. This requirement does not apply to a substance for which the in-state purchaser has already received th…
AS 18.60.066 Employee safety education programs.
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(a) An employer shall conduct a safety education program for an employee before the employee performs a new work assignment that may result in the employee being exposed to a toxic or hazardous substance or a physical agent for which the employee has not received safety instructi…
AS 18.60.067 Information provided on employee's request.
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(a) An employer shall make available to an employee on request a copy of the most recent OSHA form 20 or equivalent written information for a toxic or hazardous substance or for a physical agent to which the employee may be exposed. If the employer does not have the copy or infor…
AS 18.60.068 Posting of information in workplace.
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(a) The department shall print and make available to employers posters that contain notice of the provisions of this chapter relating to toxic and hazardous substances and physical agents. (b) An employer whose employees are or may be exposed in the workplace to a toxic or hazard…
AS 18.60.070 Use of funds and contributions.
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Funds appropriated by the legislature for AS 18.60.010 — 18.60.105 and contributions shall be spent only for the purposes of AS 18.60.010 — 18.60.105.
AS 18.60.075 Safe employment.
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(a) An employer shall do everything necessary to protect the life, health, and safety of employees, including (1) complying with all occupational safety and health standards and regulations adopted by the department; (2) furnishing and prescribing the use of suitable protective e…
AS 18.60.077 Variance from a standard.
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(a) An employer who is affected by AS 18.60.010 — 18.60.105 may apply to the commissioner for a variance from a provision of the safety and health standards adopted by the department. Employees who are affected by an application for variance shall be given notice of the applicati…
AS 18.60.080 Contributions.
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The department may accept contributions of funds, property, materials, supplies, and other forms of aid from business firms, organized groups, or individuals for furthering the safety program.
AS 18.60.081 Temporary variance.
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(a) An employer who is affected by AS 18.60.010 — 18.60.105 may apply to the commissioner for a temporary variance from a provision of the safety and health standards adopted by the department. A temporary variance shall be issued only if the employer files an application fulfill…
AS 18.60.083 Right of entry and inspection.
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(a) A representative of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may (1) enter without delay and at reasonable times a factory, plant, establishment, construction site, or other area, work place, or environment where work…
AS 18.60.085 Prohibition of unauthorized notice of inspection.
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A person may not give unauthorized notice of a department safety or health inspection. A person who gives unauthorized notice of a safety or health inspection, upon conviction, is punishable by a fine of not more than $7,000, or by imprisonment for not more than 180 days, or by b…
AS 18.60.087 Employer and employee participation in inspections.
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(a) A representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the representative of the department during the physical inspection of a work place for the purpose of aiding the inspection. If the authorized represe…
AS 18.60.088 Employee requests for special inspection.
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(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 …
AS 18.60.089 Prohibition against retribution.
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(a) A person may not discharge or discriminate against an employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding related to the enforcement of occupational safety and health standards, or has testified or is expected to testify i…
AS 18.60.090 Penalty for violations. [Repealed, § 9 ch 72 SLA 1973.]
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[Repealed or reserved.]
AS 18.60.091 Citations.
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(a) If, upon inspection or investigation, the department believes that an employer has violated a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer, the department shall with reasonable promptness issue a citation to the employer. Each citation shall be in …
AS 18.60.093 Enforcement procedures.
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(a) If, after an inspection or investigation, or after an employer's failure to correct a violation for which the employer has been issued a notice, the department issues a citation, the commissioner shall, at a reasonable time after the termination of the inspection or investiga…
AS 18.60.095 Penalties.
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(a) An employer who wilfully or repeatedly violates a provision of AS 18.60.010 — 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 — 18.60.105 may be assessed by the commissioner a civil penalty of not more than the maximum amoun…
AS 18.60.096 Imminent dangers.
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(a) The commissioner, or a designated agent as authorized by the commissioner, may issue orders restraining a particular condition or practice in any place of employment that constitutes a danger that could reasonably be expected to immediately cause death or serious physical har…
AS 18.60.097 Judicial review.
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(a) A person affected by an order of the OSHA Review Board under AS 18.60.093(c) or (e) or of the commissioner under AS 18.60.096 may obtain a review of the order by filing a notice of appeal in the superior court as provided in the Alaska Rules of Appellate Procedure. (b) The de…
AS 18.60.098 Employee compensation for appearances.
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(a) The employer shall compensate any of the employer's employees who appear at a board hearing under AS 18.60.010 — 18.60.105 for loss of wages if the employee appears at the hearing as the result of a request of the employer or as the result of a subpoena issued at the employer…
AS 18.60.099 Confidentiality of trade secrets.
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Information obtained by the department in connection with an inspection or proceeding related to enforcement of occupational safety and health standards that contains or that might reveal a trade secret referred to in 18 U.S.C. 1905 is confidential. However, the information may b…
AS 18.60.100 Nonabrogation of powers of Department of Health.
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AS 18.60.010 — 18.60.105 are not intended to abrogate the powers, duties, and responsibilities of the Department of Health in carrying out the provisions of this title and AS 17.
AS 18.60.105 Definitions.
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Article 2. Search and Rescue. (a) Except as provided in (b) of this section, in AS 18.60.010 — 18.60.105, (1) “be exposed” means to ingest, inhale, or absorb through the skin or eyes a substance or physical agent, or fumes or other potentially harmful aspect of a substance or phy…
AS 18.60.110 Fund for rescue and relief of lost persons. [Repealed, § 1 ch 15 SLA 1968.]
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[Repealed or reserved.]
AS 18.60.115 Search and rescue training.
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The commissioner of public safety or the commissioner's designee may organize and conduct a search and rescue training exercise to prepare for a response to a search and rescue activity under AS 18.60.120. Only the commissioner or the commissioner's designee may authorize a perso…
AS 18.60.120 Search and rescue parties.
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Upon being notified that a person is lost, injured, killed, or is in need of immediate rescue, the commissioner of public safety or a designee may appoint a competent person to organize, direct, and guide a search and rescue party for the purpose of rescuing or retrieving the per…
AS 18.60.125 Civil immunity.
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A person may not bring a civil action for damages against the state, a political subdivision of the state, or the officers, agents, or employees of the state or a political subdivision of the state for a death, personal injury, or property damage that results from an act or omiss…
AS 18.60.130 Expenses of search and rescue parties.
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The expense of the search and rescue party shall be paid out of the state treasury upon vouchers properly made out, signed, and sworn to by the person appointed to direct the search and rescue party. The oath to the voucher shall be taken and made before the commissioner of publi…
AS 18.60.140 Secs. 18.60.140 , 18.60.145. Limitation of amount of expenditure for search and rescue; search and rescue fund. [Repealed, § 12 ch 42 SLA 1997.]
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[Repealed or reserved.]
AS 18.60.146 Civil air patrol.
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The Department of Public Safety shall make the necessary administrative arrangements for maintaining liaison between the state and the Civil Air Patrol and the expenditure of money appropriated to the department for the state contribution toward the support of the authorized acti…
AS 18.60.148 Transfer of forfeited aircraft to civil air patrol.
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(a) A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft under AS 16.05.195(f), AS 17.30.122, or another state law or regulation is subject to the following conditions: (1) the transfer shall be made without cost to the Civil Air Patrol; (2) the aircraft becom…
AS 18.60.150 Report of mysterious disappearance or separation from companions.
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If a person (1) mysteriously disappears in the state, or (2) leaves one locality to go to another in the state and fails within a reasonable time to reach the person's destination, or (3) traveling in company with another is separated from the other, or (4) traveling alone myster…
AS 18.60.160 Violation a misdemeanor.
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A person who fails to report a disappearance under AS 18.60.150, or who violates a regulation adopted under AS 18.60.175, is guilty of a misdemeanor.
AS 18.60.170 Report and investigation of disappearance.
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The commissioner of public safety or a designee shall file each notification of disappearance with the missing persons information clearinghouse under AS 18.65.620(a), and shall notify the peace officer in the district where the disappearance occurred or in the nearest districts …
AS 18.60.175 Regulations.
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Article 3. Boilers. The Department of Public Safety shall adopt regulations necessary to carry out the duties assigned by AS 18.60.115 — 18.60.170, including regulations dealing with the handling of nonexpendable property purchased during a search or rescue mission and expenditur…
AS 18.60.180 Regulations.
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The Department of Labor and Workforce Development shall formulate definitions and regulations for the safe and proper construction, installation, repair, use, and operation of boilers and for the safe and proper construction, installation, and repair of unfired pressure vessels. …
AS 18.60.190 Effect of regulations.
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(a) The regulations adopted by the Department of Labor and Workforce Development have the force and effect of law. However, the regulations applying to the construction of new boilers and unfired pressure vessels do not prevent their installation until the regulations become mand…
AS 18.60.200 New boilers and unfired pressure vessels.
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(a) A power boiler, low pressure boiler, or unfired pressure vessel that does not conform to the regulations adopted by the Department of Labor and Workforce Development governing new construction and installation may not be installed and operated unless it is of special design o…
AS 18.60.210 Exemptions.
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(a) AS 18.60.180 — 18.60.390 do not apply to the following: (1) boilers and unfired pressure vessels under federal regulation; (2) unfired pressure vessels meeting the requirements of the federal Department of Transportation for shipment of liquids or gases under pressure; (3) ai…