Title 18 — Health, Safety, Housing, Human Rights, and Public Defender

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.

(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…

(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…

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…

(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…

(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) 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…

[Repealed or reserved.]

(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 …

(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…

(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…

(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…

(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…

(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…

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 18.60.010 — 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.

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…

[Repealed or reserved.]

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…

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…

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…

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…

[Repealed or reserved.]

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…

(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…

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…

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.

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 …

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…

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. …

(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…

(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…

(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…

The Department of Labor and Workforce Development shall (1) have all violators of AS 18.60.180 — 18.60.390 prosecuted; (2) issue, suspend, or revoke for cause, inspection certificates provided for in AS 18.60.390; (3) take action necessary for the enforcement of the laws and regu…

The Department of Labor and Workforce Development shall employ deputy inspectors who have passed the examination provided for in AS 18.60.290.

(a) In addition to the deputy inspectors employed under AS 18.60.230 and the special inspectors commissioned under AS 18.60.240, the commissioner of labor and workforce development may appoint an employee of the Department of Labor and Workforce Development as an approved inspect…

In addition to the deputy boiler inspectors provided for in AS 18.60.230 and the approved inspectors appointed under AS 18.60.235(a), the Department of Labor and Workforce Development shall, upon the request of a company authorized by the Department of Commerce, Community, and Ec…

A special inspector is not entitled to any compensation or expenses from the state. A special inspector's commission is conditioned upon continuing in the employ of a boiler insurance company or a company operating unfired pressure vessels in this state and upon maintaining the s…

Each special inspector shall inspect all boilers and unfired pressure vessels insured or operated by the inspector's company. The owner and user of a boiler or unfired pressure vessel inspected by its special inspector is exempt from the payment of the inspection fees provided in…

(a) Each company employing a special inspector shall, within 15 days following each inspection for certification as required by AS 18.60.390 for a boiler or unfired pressure vessel, file a report of the inspection with the department. (b) In addition, a special inspector shall fi…

(a) The Department of Labor and Workforce Development or a deputy or special inspector shall be given free access, during reasonable hours, to any premises where a boiler or unfired pressure vessel is being constructed, installed, or operated, for the purpose of determining wheth…

The Department of Labor and Workforce Development shall give the examination for the position of deputy inspector or special inspector using the standard National Board of Boiler and Pressure Vessel Inspectors examination. The examination shall be in writing. If an applicant fail…

(a) The Department of Labor and Workforce Development may, after investigation, suspend or revoke a commission for (1) incompetence, (2) conviction of the crime of bribery under AS 11.56.100, receiving a bribe under AS 11.56.110, or perjury under AS 11.56.200, in connection with …

If a certificate or commission is lost or destroyed the Department of Labor and Workforce Development shall issue a new certificate or commission without another examination.

Unless the Department of Labor and Workforce Development establishes by regulation a different edition, the most current edition of the National Board Inspection Code Manual for Boiler and Pressure Vessel Inspectors constitutes the minimum boiler and pressure vessel inspection st…

(a) Each boiler and unfired pressure vessel used or proposed to be used in the state except boilers or unfired pressure vessels exempt under AS 18.60.210 shall be inspected as to construction, installation, condition, and operation, as follows: (1) power boilers and high pressure…

(a) Each inspection under AS 18.60.320 shall be made by a deputy inspector employed under AS 18.60.230, an approved inspector appointed under AS 18.60.235(a), or by a special inspector commissioned under AS 18.60.240. (b) [Repealed, § 5 ch 37 SLA 1992.]

(a) If, upon inspection, a boiler or an unfired pressure vessel complies with the regulations of the Department of Labor and Workforce Development, the owner or user shall pay to the department a certificate fee to be established by regulation by the commissioner of labor and wor…

The Department of Labor and Workforce Development may suspend an inspection certificate when, in its opinion, the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or unfired pressure vessel does n…

(a) The commissioner of labor and workforce development shall, by regulation, establish reasonable fees to be charged for the inspection of boilers and unfired pressure vessels. Separate fees may be established for external inspection, internal inspection, shop inspection, and hy…