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standards, are repealed.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one location, 8 AAC 61.1010 has been repealed and readopted to allow for the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