HB 186: "An Act relating to volunteer labor compliance officers; and providing for an effective date."
00 HOUSE BILL NO. 186 01 "An Act relating to volunteer labor compliance officers; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.05 is amended by adding new sections to read: 05 Article 6. Volunteer Labor Compliance Officers. 06 Sec. 23.05.400. Volunteer labor compliance officer program. (a) The 07 volunteer labor compliance officer program is established in the department. Under 08 the program, a volunteer labor compliance officer may inspect a construction site and 09 document compliance with state labor law. 10 (b) The department shall 11 (1) maintain a roster of qualified volunteer labor compliance officers; 12 (2) delegate to a qualified volunteer labor compliance officer the 13 authority to enter a place of employment and inspect records under AS 23.05.100; 14 (3) provide orientation for volunteer labor compliance officers.
01 (c) The department shall adopt regulations to implement the volunteer labor 02 compliance officer program. The regulations must 03 (1) prescribe a visible badge identifying a volunteer labor compliance 04 officer; 05 (2) identify safety equipment required for a volunteer labor compliance 06 officer site visit; 07 (3) specify insurance coverage required for a volunteer labor 08 compliance officer. 09 Sec. 23.05.410. Powers and duties of volunteer labor compliance officer. 10 (a) A volunteer labor compliance officer may 11 (1) access the job site of a construction project and conduct a labor 12 compliance investigation on behalf of the department; 13 (2) report a violation of a state labor law to the department. 14 (b) A volunteer labor compliance officer shall 15 (1) wear the visible badge prescribed by the department while 16 conducting a labor compliance investigation on behalf of the department; 17 (2) obtain, at the officer's own expense, and wear all safety equipment 18 required by the department; 19 (3) not later than 48 hours after conducting a labor compliance 20 investigation, transmit a labor compliance report to the department through electronic 21 mail; 22 (4) document, to the department's satisfaction, that the officer is 23 covered by workers' compensation insurance; 24 (5) maintain confidentiality with respect to privileged or confidential 25 information revealed during a labor compliance investigation. 26 (c) A volunteer labor compliance officer may not 27 (1) be an employee of the state; 28 (2) issue citations or enforce state labor laws; 29 (3) while conducting an investigation 30 (A) wear attire of an organization, contractor, or entity other 31 than the department;
01 (B) distribute literature produced by an organization, 02 contractor, or entity other than the department; 03 (C) disparage a contractor that employs a person; 04 (D) promote or organize for a union, labor organization, 05 contractor, or other entity; or 06 (E) display union or other organization signs or stickers; 07 (4) perform work for the officer's employer outside the duties of a 08 volunteer labor compliance officer while performing the duties of a volunteer labor 09 compliance officer. 10 Sec. 23.05.420. Volunteer labor compliance officer qualifications and 11 roster. (a) An individual may apply to the department to be placed on the roster of 12 volunteer labor compliance officers. The department shall add an individual to the 13 roster if the individual 14 (1) has at least five years of verifiable construction experience; 15 (2) provides documentation of completion of a construction safety 16 class that is at least 10 hours and is approved by the Occupational Safety and Health 17 Administration of the United States Department of Labor; 18 (3) completes the volunteer labor compliance officer orientation 19 provided by the department; 20 (4) provides proof of workers' compensation insurance coverage for 21 the individual's activities as a volunteer labor compliance officer under the policy of 22 the individual's employer. 23 (b) The department may remove from the roster of qualified volunteer labor 24 compliance officers and permanently revoke the badge of a volunteer labor 25 compliance officer who, while conducting a labor compliance investigation on behalf 26 of the department, 27 (1) exhibits a conflict of interest; 28 (2) participates in labor union or organizing business; or 29 (3) otherwise fails to comply with the requirements of AS 23.05.400 - 30 23.05.420. 31 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).