Legislature(1997 - 1998)
02/17/1997 03:32 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 17, 1997
3:32 p.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chairman
Representative Bill Hudson
Representative Jerry Sanders
Representative Gene Kubina
MEMBERS ABSENT
Representative John Cowdery
Representative Joe Ryan
Representative Tom Brice
COMMITTEE CALENDAR
*HOUSE BILL NO. 117
"An Act relating to boiler and pressure vessel inspection
standards; relating to elevator safety and inspection standards;
and providing for an effective date."
- MOVED CSHB 117(L&C) OUT OF COMMITTEE
*HOUSE BILL NO. 118
"An Act relating to reporting and other requirements of certain
employment accidents; and providing for an effective date."
- MOVED HB 118 OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 117
SHORT TITLE: ELEVATOR/BOILER/PRESSURE VESSEL STDS
SPONSOR(S): LABOR & COMMERCE BY REQUEST
JRN-DATE JRN-PG ACTION
02/07/97 265 (H) READ THE FIRST TIME - REFERRAL(S)
02/07/97 265 (H) LABOR & COMMERCE
02/17/97 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 118
SHORT TITLE: REPORTING OF EMPLOYMENT ACCIDENTS
SPONSOR(S): LABOR & COMMERCE BY REQUEST
JRN-DATE JRN-PG ACTION
02/07/97 265 (H) READ THE FIRST TIME - REFERRAL(S)
02/07/97 265 (H) LABOR & COMMERCE
02/17/97 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
AL DWYER, Director
Division of Labor Standards
and Safety
Department of Labor
P.O. Box 21149
Juneau, Alaska 99801-1149
Telephone: (907) 465-4855
POSITION STATEMENT: Explained HB 117 and HB 118.
ACTION NARRATIVE
TAPE 97-11, SIDE A
Number 001
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce
Standing Committee to order at 3:32 p.m. Members present at the
call to order were Representatives Rokeberg, Sanders, Kubina and
Hudson.
HB 117 - ELEVATOR/BOILER/PRESSURE VESSEL STDS
Number 038
CHAIRMAN ROKEBERG announced the committee would hear HB 117, "An
Act relating to boiler and pressure vessel inspection standards;
relating to elevator safety and inspection standards; and providing
for an effective date."
Number 038
AL DWYER, Director, Division of Labor Standards and Safety,
Department of Labor, came before the committee to explain HB 117.
He informed the committee members the bill will simplify the
process of adopting new additions of the boiler and elevator code.
He explained new additions of these codes are issued every three
years requiring legislative action to update the enforcement codes
for the state. There has never been any opposition to the new
codes and they have been adopted by the legislature in the past.
Mr. Dwyer said by transferring adoption authority to the Department
of Labor, the process of updating codes will be streamlined and the
matter will not have to take up legislative time and attention. He
noted there would not be a fiscal impact.
MR. DWYER explained he has one proposed amendment. He said, "We've
been asked that we keep in `shipboard elevators' in the code. We
assumed that the Coast Guard was inspecting elevators on the ferry
system where there are state employees, but it turns out they
haven't been. So we were asked to leave that in the code. In past
additions we've taken it out."
Number 138
REPRESENTATIVE BILL HUDSON said he believes this is an excellent
approach. He asked if the code has been coming forward with
changes that incur additional costs to the general public.
MR. DWYER responded to his knowledge, the answer is no. He noted
it is new technology.
CHAIRMAN ROKEBERG said the bill allows the department to adopt the
three codes by regulation. In the regulation process, you have to
have public hearings and go through the Administrative Procedures
Act. He asked if it is possible that there could be a deviation
characterized as a local amendment and could be adopted as a result
of public input during the course of the regulatory process.
MR. DWYER explained that generally, they adopt the codes and allow
local communities to amend them as long as they are not less
stringent than the department's regulations.
CHAIRMAN ROKEBERG said, "We allow local jurisdictions to make them
more strict, but not less strict under the present evaluation.
However, if there were a provision that would be less strict than
the national code, could that be adopted through the regulatory
process?"
MR. DWYER said that could happen.
Number 296
CHAIRMAN ROKEBERG said he would entertain a motion on Amendment 1.
REPRESENTATIVE JERRY SANDERS moved to adopt Amendment 1.
CHAIRMAN ROKEBERG asked if there was an objection. Hearing none,
Amendment 1 was adopted.
Number 310
REPRESENTATIVE GENE KUBINA made a motion to move HB 117, as
amended, out of committee with individual recommendations and a
zero fiscal note.
CHAIRMAN ROKEBERG asked if there was an objection. Hearing none,
CSHB 117(L&C) was moved out of the House Labor and Commerce
Committee.
HB 118 - REPORTING OF EMPLOYMENT ACCIDENTS
Number 334
CHAIRMAN ROKEBERG announced the next order of business would be HB
118, "An Act relating to reporting and other requirements of
certain employment accidents; and providing for an effective date."
He opened the public hearing.
Number 345
AL DWYER, Director, Division of Labor Standards and Safety,
Department of Labor, came before the committee. He informed the
committee members that HB 118 would shorten the time frame for an
employer's reporting of an accident that is fatal to an employee or
that requires inpatient hospitalization. Changes would also be
made regarding the manner in which the report is to be made and the
information that is to be included. He said to maintain the state
Occupational Safety and Health Program, our standards must be at
least as effective as federal standards. These changes will bring
Alaska into compliance with federal law. He noted there wouldn't
be fiscal impact associated with HB 118.
Number 402
CHAIRMAN ROKEBERG pointed out that the bill says that there will be
a federal toll-free number provided by the division. He asked Mr.
Dwyer to describe what that means.
MR. DWYER said he didn't know a lot about the federal toll-free
number. He indicated he would find out the answer and get back to
him. Mr. Dwyer noted employers could call that toll-free number
within the time frame required in the bill.
CHAIRMAN ROKEBERG asked if the Department of Labor implements the
Federal Occupational Safety and Health Administration (OSHA)
standards in the state of Alaska.
MR. DWYER said that is correct.
CHAIRMAN ROKEBERG asked if that would include all areas.
MR. DWYER responded with regards to worker safety, everything on
land except maritime worker safety.
CHAIRMAN ROKEBERG asked who does maritime worker safety.
DR. DWYER responded the Federal Department of Labor, OSHA.
Number 527
REPRESENTATIVE HUDSON moved and asked unanimous consent to move HB
118 out of committee with a zero fiscal note. Hearing no
objection, HB 118 was moved out of the House Labor and Commerce
Committee.
ADJOURNMENT
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Committee
meeting at 3:32 p.m.
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