00CS FOR HOUSE BILL NO. 311(JUD)                                                                                          
01 "An Act relating to the hours a person may be employed in a mine; and                                                   
02 requiring that workers be paid for certain time worked in a mine."                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.10.410 is repealed and reenacted to read:                                                        
05  Sec. 23.10.410.  LIMITATION ON PERIOD OF EMPLOYMENT IN                                                                
06 UNDERGROUND MINES AND REQUIREMENT FOR PAY FOR CERTAIN WORK.                                                             
07 (a)  Except as provided in (d) of this section, a miner may not be employed in an                                       
08 underground mine or workings for more than 10 hours in 24 hours, except on a day                                        
09 when a change of shift is made.  The 10-hour limitation applies only to work actually                                   
10 performed at the mine face or other place where the work is actually carried on and                                     
11 excludes time for meals, travel to or from the mine site, and travel between the mine                                   
12 portal and the mine face, whether in going on or off shift, or in going to or returning                                 
13 from meals.  However, an employer shall pay wages for the time worked from the time                                     
14 the miner enters the mine at the mine portal, whether or not work is performed at the                                   

01 mine face or other place where the work is actually carried on, until the miner leaves the                              
02 mine.                                                                                                                   
03  (b)  If life or property is in imminent danger, the 10-hour period may be extended                                    
04 for the continuance of the emergency.                                                                                   
05  (c)  The department may not, by regulation, impose more restrictions on the hours                                     
06 of work of miners than are imposed by this section.                                                                     
07  (d)  On application from an employer, the commissioner may grant a variance                                           
08 that permits employment in an underground mine or workings for more than 10 but not                                     
09 more than 12 hours in a 24-hour period if the commissioner finds that                                                   
10   (1)  the additional working time is permitted under the terms of a                                                   
11 collective bargaining agreement entered into by a bargaining organization that represents                               
12 workers performing the work covered by the variance; or                                                                 
13   (2)  the extension is in the best interest of resident workers of the state.                                         
14  (e)  In this section, "miner"                                                                                         
15   (1)  means a person who works in an underground mine or workings and                                                 
16 is engaged in actual mining operations;                                                                                 
17   (2)  does not include mechanics, warehousemen, electricians, and other                                               
18 support personnel at an underground mine or workings.