SUMMARY OF ADOPTED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

 

Occupational Safety And Health Recordkeeping and Reporting Requirements

 

The Department of Labor and Workforce Development has adopted regulation changes to Title 8 of the Alaska Administrative Code dealing with occupational safety and health recordkeeping and reporting requirements.  This adoption addresses the requirement that the State of Alaska adopt regulations that are equal to or more stringent than federal regulations. 

 

Reporting of illness and injury and recordkeeping requirements.  When updates to 29 C.F.R. 1904 were made, amendments to the Alaska Administrative Code became necessary.  To accomplish this, existing state regulations under 8 AAC 61.225 – 61.295, which are equal to the previous federal recordkeeping and reporting standards, are repealed.  In the interest of keeping regulations applying to Occupational Safety and Health in one location, 8 AAC 61.1010 has been repealed and readopted to allow for the addition of 29 C.F.R. 1904.0 – .38 and 1904.40-.46.  The editor’s note was also revised and replaced to clarify where copies of the code of federal regulations may be obtained.  A manifest error noted in Register 140, January 1997 was corrected. 

 

Reporting of injuries and illnesses.  The department retains AS 18.60.058 as the standard because it is stricter than that set out under 29 CFR 1904.39, in that the state requires notification when one employee is fatally injured or requires hospitalization, rather than one fatality or three hospitalizations as set out in 29 CFR 1904.39.

 

Posting of annual summary for seasonal employers.  The department promulgated a new posting regulation for the annual summary under 8 AAC 61.1015.  The new regulation makes provision for those employers operating on a seasonal basis with regard to posting the summary of work-related injuries or illnesses.  This provision is similar to 8 AAC 61.240(c) while upgrading the summary posting requirement from 30 consecutive calendar days to 90 consecutive calendar days, as set out in 29 C.F.R. 1904.32 (b)(6).

 

Two additional regulations, 8 AAC 61.140 and 8 AAC 78.050, that made reference to the recordkeeping regulations set out under 8 AAC 61.225- 61.295, were editorially amended to reflect the adoption of 29 CFR 1904.0-.38 and 1904.40-.46.

 

The regulations become effective October 6, 2002.

 


 

Adopted regulations – Text.

 

Article 4.  Recording and Reporting Occupational Injuries and Illnesses.

 

Section

225.  (Repealed) [recording and reporting occupational injuries and illnesses]

230.  (Repealed) [LOG OF OCCUPATIONAL INJURIES AND ILLNESSES]

240.  (Repealed) [ANNUAL SUMMARY]

250.  (Repealed) [MAINTAINING RECORDS IN AN ESTABLISHMENT WITHOUT A FIXED LOCATION]

260.  (Repealed) [Retention of records]

270.  (Repealed) [Access to records]

275.  (Repealed) [FAILURE TO KEEP RECORDS OR REPORTS]

277.  (Repealed) [FALSIFICATION OF RECORDS OR REPORTS]

280.  (Repealed) [REPORTING OF INJURIES AND ILLNESSES]

285.  (Repealed) [ANNUAL SURVEY]

290.  (Repealed) [CHANGE OF OWNERSHIP]

295.  (Repealed) [RECORDKEEPING VARIANCES]

 

Article 11.  Occupational Safety and Health Standards.

 

8 AAC 61.1010 is repealed and readopted, and the editor's note following the section is replaced, to read:

 

            8 AAC 61.1010.  Standards.  (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, 1910.12, 1910.19 - 1910.1018, 1910.1020, and 1910.1025 - 1910.1450, as amended, are occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1020 - 8 AAC 61.1110.

            (c)  Under AS 18.60.030, 29 C.F.R. 1926.10 - 1926.29 and 1926.31 - 1926.1152, as amended, are the occupational safety and health standards in this state, as revised in this section and except as provided in 8 AAC 61.1145 - 8 AAC 61.1170.

            (d)  Under AS 18.60.030, 29 C.F.R. 1928.21  - 1928.1027, as amended, are occupational safety and health standards in this state, as revised in this section.

            (e)  Unless the context in which a term is used clearly requires a different meaning, the following revisions are necessary to make requirements of the federal regulations listed in (a) - (d) of this section technically feasible in this state: 

                        (1)  all references to "Occupational Safety and Health Review Commission" are revised to read "Alaska Occupational Safety and Health Review Board"; 

                        (2)  all references to "Assistant Secretary," "Director," and "OSHA Area Director" are revised to read "Director of Labor Standards and Safety"; 

                        (3)  all references to "OSHA" are revised to read "Alaska Occupational Safety and Health (AKOSH)."  (Eff. 12/6/95, Register 136; am 3/27/96, Register 137; am 10/4/97, Register 144; am 2/15/2001, Register 157; am ____/____/______, Register ______)

Authority:            AS 18.60.020            AS 18.60.030            AS 18.60.075

 

Editor's note: Interested parties may obtain copies of each of the federal regulations listed in 8 AAC 61.1010 from the United States Government Printing Office, Superintendent of Documents, Washington, D.C. 20402 or from United States Government Bookstores at various locations, including the United States Government Bookstore, Room 194, Federal Building, 915 Second Avenue, Seattle, Washington 98174; phone: (206) 553-4270. 

 

Copies of all federal regulations listed in 8 AAC 61.1010 are available for review at the regional offices of the Department of Labor and Workforce Development, division of labor standards and safety, located in Juneau, Anchorage, Fairbanks, Ketchikan, Sitka, and Kenai.

 

As of Register 140, January 1997, the regulations attorney corrected a manifest error appearing in material that was at that time located in 8 AAC 61.1010(a), and is now located in 8 AAC 61.1010(b).

 

8 AAC 61 is amended by adding a new section to read:

            8 AAC 61.1015.  Additional standards for recording and reporting occupational injury and illness:  annual summary.  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 schedule, the annual summary required by 29 C.F.R. 1904.32 must be posted in a conspicuous place

                        (1)  beginning no later than 15 days after the establishment opens for the next season; and

                        (2)  remain posted for

                                    (A)  90 consecutive calendar days; or

                                    (B)  if the establishment will be open for less than 90 consecutive days in that season, the entire length of time that the establishment is open in that season.  (Eff.  ____/____/______, Register _____)

Authority:            AS 18.60.020            AS 18.60.030            AS 18.60.075

 

8 AAC 78.050 is amended to read:

            8 AAC 78.050.  Passenger loading platforms, inclined walkways, stairways, and standard railings.  Passenger loading platforms, inclined walkways, stairways, and standard railings must conform to standards listed [adopted by reference] in 8 AAC 61.1010.  (Eff. 11/30/89, Register 112; am 6/15/2001, Register 158; am ____/____/_____, Register _____)

Authority:  AS 05.20.070