This page is no longer used please use www.akleg.gov
30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 121                                                                                                         
01 Relating to occupational safety and health enforcement penalties; and providing for an                                  
02 effective date.                                                                                                         
03                           _______________                                                                               
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).                                      
New Text Underlined     [DELETED TEXT BRACKETED]