HB 263: "An Act relating to certification of workers who handle hazardous waste; and providing for an effective date."
00HOUSE BILL NO. 263 01 "An Act relating to certification of workers who handle hazardous waste; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.03 is amended by adding a new section to article 5 to read: 05 Sec. 46.03.319. CERTIFICATION OF HAZARDOUS WASTE WORKERS. 06 (a) The Department of Labor shall 07 (1) establish guidelines for employee training certification programs and 08 refresher courses, including respiratory and competency tests, to be completed 09 successfully, to ensure that a person who is employed to work on a hazardous waste 10 site, as defined in regulations adopted by the department, is adequately trained to 11 handle hazardous wastes in a safe and knowledgeable manner before the person is 12 allowed to engage in hazardous waste operations that could expose the person to 13 hazardous substances or other safety or health hazards; 14 (2) review certification programs proposed by employers, contractors,
01 labor organizations, public and private vocational training programs, and others for 02 individuals who will be employed to handle hazardous waste; 03 (3) approve proposed certification programs that meet the department's 04 guidelines under this subsection; 05 (4) assist persons in meeting the certification guidelines if their 06 certification program proposals have been found unacceptable. 07 (b) Before a person may undertake work at a hazardous waste site, as defined 08 in regulations adopted by the department, the person shall 09 (1) propose to the department a plan for the certification of the person's 10 employees as adequately trained to handle hazardous waste in a safe and 11 knowledgeable way; the plan must include refresher training for previously certified 12 employees, if considered necessary by the department; if the person is an individual 13 employer or contractor who will handle the hazardous waste, certification or refresher 14 training of the person must also be included in the plan; 15 (2) receive approval from the department of that plan; and 16 (3) certify that each employee of the person who will handle the 17 hazardous waste, and, if applicable, the person who is the employer or contractor, is 18 adequately trained to handle the waste in a safe and knowledgeable way. 19 (c) A person may not employ or contract with an individual or entity to handle 20 hazardous waste unless the individual and the individual's or entity's employees have 21 been certified or have received refresher training, as applicable, in a program approved 22 by the department under (b) of this section. 23 (d) A person who violates (b) or (c) of this section is subject to a civil penalty 24 not to exceed $1,000, as determined by the commissioner of labor. 25 (e) A person who violates (b) of this section is guilty of a class A 26 misdemeanor. 27 (f) A person who violates (c) of this section is guilty of a class B 28 misdemeanor. 29 (g) The department shall adopt by regulation a fee schedule for 30 (1) review, approval, and certification of training certification programs 31 and plans under this section; and
01 (2) certification of a person employed to work on a hazardous work 02 site. 03 (h) In this section, "department" means the Department of Labor. 04 * Sec. 2. AS 46.03.310(b) - (f), enacted by sec. 1 of this Act, take effect January 1, 1996. 05 * Sec. 3. Except as provided in sec. 2 of this Act, this Act takes effect immediately under 06 AS 01.10.070(c).