HB 121: "An Act relating to occupational safety and health enforcement penalties; and providing for an effective date."
00 HOUSE BILL NO. 121 01 "An Act relating to occupational safety and health enforcement penalties; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.60.095(a) is amended to read: 05 (a) An employer who wilfully or repeatedly violates a provision of 06 AS 18.60.010 - 18.60.105 that is applicable to the employer or a standard or regulation 07 adopted under AS 18.60.010 - 18.60.105 may be assessed by the commissioner a civil 08 penalty of not more than the maximum amount or less than the minimum amount 09 established by regulation under (i) of this section for each violation [$70,000 FOR 10 EACH VIOLATION. EXCEPT WHEN A SETTLEMENT IS NEGOTIATED, THE 11 COMMISSIONER SHALL ASSESS A MINIMUM PENALTY OF $5,000 FOR A 12 VIOLATION UNDER THIS SUBSECTION THAT WAS COMMITTED 13 WILFULLY]. 14 * Sec. 2. AS 18.60.095(b) is amended to read:
01 (b) An employer who receives a citation for a serious violation of a provision 02 of AS 18.60.010 - 18.60.105 that is applicable to the employer or of a standard or 03 regulation adopted under AS 18.60.010 - 18.60.105 shall be assessed by the 04 commissioner a civil penalty of not more than the maximum amount established 05 by regulation under (i) of this section [UP TO $7,000 FOR EACH VIOLATION]. 06 For purposes of this subsection, a serious violation is considered to exist if the 07 violation creates in the place of employment a substantial probability of death or 08 serious physical harm. However, a serious violation is not considered to exist if the 09 employer did not, and could not with the exercise of reasonable diligence, know of the 10 presence of the violation. 11 * Sec. 3. AS 18.60.095(c) is amended to read: 12 (c) An employer who receives a citation for a violation of a provision of 13 AS 18.60.010 - 18.60.105 that is applicable to the employer or a standard or regulation 14 adopted under AS 18.60.010 - 18.60.105, and the violation is specifically determined 15 not to be of a serious nature, may be assessed by the commissioner a civil penalty of 16 not more than the maximum amount established by regulation under (i) of this 17 section [UP TO $7,000 FOR EACH VIOLATION]. 18 * Sec. 4. AS 18.60.095(d) is amended to read: 19 (d) An employer who fails to correct a violation within the period permitted 20 for its correction for which a citation has been issued may be assessed by the 21 commissioner a civil penalty of not more than the maximum amount established by 22 regulation under (i) of this section [$7,000 FOR EACH DAY DURING WHICH 23 THE FAILURE TO CORRECT THE VIOLATION CONTINUES]. 24 * Sec. 5. AS 18.60.095(g) is amended to read: 25 (g) An employer who violates the posting requirements of AS 18.60.010 - 26 18.60.105 shall be assessed by the commissioner a civil penalty of not more than the 27 maximum amount established by regulation under (i) of this section [UP TO 28 $7,000 FOR EACH VIOLATION]. 29 * Sec. 6. AS 18.60.095 is amended by adding a new subsection to read: 30 (i) The commissioner shall establish by regulation the maximum civil penalty 31 amounts to be imposed under (a) - (d) and (g) of this section and the minimum civil
01 penalty amount to be imposed for wilful violations under (a) of this section. The 02 maximum amount of the civil penalties may not be greater than the corresponding 03 federal penalty for the specified violations, as provided under 29 U.S.C. 666 04 (Occupational Safety and Health Act of 1970), and must include any adjustments 05 made to the penalties under 28 U.S.C. 2461 (Federal Civil Penalties Inflation 06 Adjustment Act Improvements Act of 2015). 07 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. Sections 1 - 6 of this Act apply to violations occurring on or after 10 the effective date of those sections. 11 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: REGULATIONS. The Department of Labor and Workforce 14 Development may adopt regulations necessary to implement this Act. The regulations take 15 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 16 law implemented by the regulations. 17 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c).