HB 340: "An Act relating to regulation of safety professionals."
00HOUSE BILL NO. 340 01 "An Act relating to regulation of safety professionals." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08 is amended by adding a new chapter to read: 04 CHAPTER 93. SAFETY PROFESSIONALS. 05 Sec. 08.93.010. LICENSE REQUIRED. A person may not provide or offer 06 to provide safety services in the state for compensation without being appropriately 07 licensed under this chapter. 08 Sec. 08.93.020. QUALIFICATIONS FOR LICENSES. (a) The Department 09 of Labor shall adopt regulations governing the qualifications for licensure of persons 10 who perform the functions of licensed 11 (1) safety professionals; 12 (2) associate safety professionals; and 13 (3) safety technicians. 14 (b) The regulations adopted under this section must provide that a person who
01 has satisfied the requirements set by 02 (1) the national Board of Certified Safety Professionals and has 03 received the designation of certified safety professional has completed the examination 04 requirement for licensure under this chapter as a licensed safety professional; 05 (2) the national Board of Certified Safety Professionals and has 06 received the designation of associate safety professional has completed the examination 07 requirement for licensure under this chapter as a licensed associate safety professional; 08 (3) the Joint Committee for Certification of Occupational Health and 09 Safety Technologists of the American Board of Industrial Hygiene and the national 10 Board of Certified Safety Professionals has completed the examination requirement for 11 licensure under this chapter as a licensed safety technician. 12 Sec. 08.93.030. ISSUANCE OF LICENSES. The department shall issue an 13 appropriate license to a person when the person submits to the department 14 (1) a completed application on a form provided by the department 15 showing, to the department's satisfaction, that the person meets the applicable 16 requirements of the regulations adopted under AS 08.93.020; and 17 (2) the appropriate fee set under AS 08.01.065. 18 Sec. 08.93.040. ENFORCEMENT OF CHAPTER. In addition to the power 19 of the department to enforce this chapter under AS 08.01, the Department of Labor 20 may enforce this chapter with the same powers given to the department under 21 AS 08.01.087 and 08.01.102 - 08.01.105. The department and the Department of 22 Labor shall coordinate their activities under this section. A person may not be issued 23 more than one citation under AS 08.01.102 for the same violation. 24 Sec. 08.93.050. EXEMPTIONS. The licensing requirements of this chapter 25 do not apply to 26 (1) a person who is performing or supervising work designed by a 27 licensed safety professional; 28 (2) a worker in crafts or a superintendent, supervisor, or inspector, who 29 is performing the person's customary duties; 30 (3) an officer or employee of the federal or state government whose 31 practice of providing safety services is part of the person's official duties;
01 (4) a village public safety officer or an officer or employee of the 02 Department of Public Safety or a municipal police department; 03 (5) an employee or a subordinate of a person licensed under this 04 chapter if the work or service is done under the direct supervision of a person licensed 05 under this chapter; 06 (6) associates, consultants, or specialists who are retained by a person 07 licensed under this chapter; a partnership of persons licensed under this chapter; or a 08 corporation that offers safety services if the direct control of the provision of safety 09 services by the corporation is with an individual who is licensed under this chapter; 10 (7) a person who is employed by a postsecondary educational 11 institution to teach safety services courses; 12 (8) the performance of occupational illness and injury record keeping 13 requirements by a person who performs that duty for a business that is exempt from 14 requirements to keep occupational illness and injury records; 15 (9) an individual who is a licensed health care provider acting within 16 the scope of the individual's health care license. 17 Sec. 08.93.060. PROHIBITED ACTS. (a) A person may not knowingly 18 (1) provide safety services in this state without being appropriately 19 licensed under this chapter or exempt from licensure under AS 08.93.050; 20 (2) present or attempt to use the license or seal of another person who 21 is licensed under this chapter; 22 (3) give false or misleading evidence to the department in an attempt 23 to obtain or renew a license under this chapter; 24 (4) use or attempt to use an expired or revoked license originally issued 25 under this chapter; or 26 (5) claim to be licensed under this chapter or authorized to perform 27 safety services without being appropriately licensed under this chapter. 28 (b) A person who violates AS 08.93.010 or (a) of this section is guilty of a 29 class A misdemeanor. 30 Sec. 08.93.090. DEFINITIONS. In this chapter, 31 (1) "department" means the Department of Commerce and Economic
01 Development; 02 (2) "licensed associate safety professional" means a person licensed 03 under this chapter to perform the functions of a licensed safety technician and to 04 review safety and health programs, policies, safety practices, and training programs; 05 (3) "licensed safety professional" means a person licensed under this 06 chapter to 07 (A) perform safety services; 08 (B) perform the functions of a licensed associate safety 09 professional; 10 (C) approve safety and health programs, policies, safety 11 practices, and training programs; and 12 (D) conduct industrial hygiene sampling and interpret results; 13 (4) "licensed safety technician" means a person licensed under this 14 chapter to perform safety inspections, industrial hygiene monitoring, health and safety 15 training, and occupational accident and illness record keeping functions and to make 16 reports and recommendations about the person's findings; 17 (5) "safety services" means services to protect workers and the public 18 from hazards likely to cause injury or illness; "safety services" includes 19 (A) developing accident prevention programs; 20 (B) analysis of investigations of accidents, fires, and releases or 21 threatened releases of hazardous materials and substances; 22 (C) investigation of accidents, fires, and releases or threatened 23 releases of hazardous materials and substances when professional expertise is 24 necessary because of the complexity of the event; 25 (D) analysis of accident and occupational illness reports and 26 records to determine trends and causes; 27 (E) developing safety and health training programs and manuals 28 providing training in safe practices and procedures; 29 (F) sampling and analysis of contaminants in the workplace; 30 (G) conducting exposure assessment and safety inspections or 31 audits to ensure adequacy of policies and programs;
01 (H) making recommendations for safety devices, protective 02 clothing, and protective equipment; 03 (I) approving emergency plans; and 04 (J) recommending procedural changes to improve safety 05 performance. 06 * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 07 (36) regulation of safety professionals under AS 08.93. 08 * Sec. 3. AS 08.01.050(a) is amended to read: 09 (a) The department shall perform the following administrative and budgetary 10 services when appropriate: 11 (1) collect and record fees; 12 (2) maintain records and files; 13 (3) issue and receive application forms; 14 (4) notify applicants of acceptance or rejection as determined by the 15 board or as determined by the department under AS 08.06 for acupuncturists, under 16 AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for 17 electrical and mechanical administrators, under AS 08.45 for naturopaths, [OR] under 18 AS 08.55 for hearing aid dealers, or under AS 08.93 for safety professionals; 19 (5) designate dates examinations are to be held and notify applicants; 20 (6) publish notice of examinations and proceedings; 21 (7) arrange space for holding examinations and proceedings; 22 (8) notify applicants of results of examinations; 23 (9) issue licenses or temporary licenses as authorized by the board or 24 as authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 25 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and 26 mechanical administrators, under AS 08.45 for naturopaths, [OR] under AS 08.55 for 27 hearing aid dealers, or under AS 08.93 for safety professionals; 28 (10) issue duplicate licenses upon submission of a written request by 29 the licensee attesting to loss of or the failure to receive the original and payment by 30 the licensee of a fee established by regulation adopted by the department; 31 (11) notify licensees of renewal dates at least 30 days before the
01 expiration date of their licenses; 02 (12) compile and maintain a current register of licensees; 03 (13) answer routine inquiries; 04 (14) maintain files relating to individual licensees; 05 (15) arrange for printing and advertising; 06 (16) purchase supplies; 07 (17) employ additional help when needed; 08 (18) perform other services that may be requested by the board; 09 (19) provide inspection, enforcement, and investigative services to the 10 boards and for the occupations listed in AS 08.01.010, regarding all licenses issued by 11 or through the department; 12 (20) retain and safeguard the official seal of a board and prepare, sign, 13 and affix a board seal, as appropriate, for licenses approved by a board; 14 (21) issue business licenses under AS 43.70. 15 * Sec. 4. TRANSITION. Notwithstanding AS 08.93, enacted by sec. 1 of this Act, a person 16 who, by December 1, 1995, provides to the Department of Commerce and Economic 17 Development documentation satisfactory to the department that the person has been 18 performing safety services, as defined in this Act, for at least two years shall be given a safety 19 technician license by the department that is valid for two years after the date of issuance. The 20 license of a person licensed under this section may not be renewed unless the person complies 21 with the requirements of AS 08.93, enacted by sec. 1 of this Act.