SB 31: "An Act related to minimum civil penalties for the death of employees due to violations of certain occupational health and safety requirements; and providing for an effective date."
00 SENATE BILL NO. 31 01 "An Act related to minimum civil penalties for the death of employees due to violations 02 of certain occupational health and safety requirements; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.60.095 is amended by adding a new subsection to read: 06 (i) Notwithstanding any contrary provision of this section, if an employer is 07 subject to a penalty under (a), (b), or (d) of this section and the violation upon which 08 the penalty is based caused or contributed to the death of an employee, the 09 commissioner shall assess under this section, for all violations connected with the 10 death, a total civil penalty of at least $50,000 if at least one of the violations was a 11 violation described in (a) of this section. If at least one of the violations was a 12 violation described in (b) or (d) of this section and none was a violation described in 13 (a) of this section, the commissioner shall assess a total civil penalty of at least 14 $25,000. The minimum total civil penalties established by this subsection are
01 (1) not subject to, and may not be reduced under, the provisions of (h) 02 of this section; 03 (2) in addition to any criminal penalty provided for in (e) of this 04 section or imposed under AS 11 or AS 12; and 05 (3) not subject to reduction by negotiation or settlement, unless 06 expressly approved in writing by the commissioner of labor and workforce 07 development and the attorney general. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION: REGULATIONS. Notwithstanding sec. 5 of this Act, the 11 Department of Labor and Workforce Development may immediately proceed to adopt 12 regulations necessary to implement the changes made by this Act. The regulations take effect 13 under AS 44.62 (Administrative Procedure Act), but not before July 1, 2001. 14 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. The changes made by this Act apply to penalties related to an 17 occupational fatality that occurs on or after July 1, 2001. 18 * Sec. 4. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect July 1, 2001.