Legislature(2017 - 2018)BELTZ 105 (TSBldg)
01/30/2018 01:00 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB126 | |
| HB124 | |
| HB208 | |
| HB102 | |
| HB114 | |
| HB121 | |
| HB86 | |
| HCR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 126 | TELECONFERENCED | |
| + | HB 208 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
| + | HB 114 | TELECONFERENCED | |
| + | HB 121 | TELECONFERENCED | |
| + | HB 124 | TELECONFERENCED | |
| + | HB 86 | TELECONFERENCED | |
| + | HCR 8 | TELECONFERENCED | |
HB 121-OCC. HEALTH AND SAFETY CIVIL PENALTIES
2:24:38 PM
CHAIR COSTELLO announced the consideration of HB 121.
2:24:41 PM
REPRESENTATIVE SAM KITO III Alaska State Legislature, Juneau,
Alaska, stated that HB 121 is a House Labor and Commerce
Committee bill that was introduced at the request of the
Department of Labor and Workforce Development (DOLWD). He spoke
to the following sponsor statement:
House Bill 121 brings Alaska's Occupational Safety and
Health (AKOSH) state plan into compliance with federal
requirements, ensuring continued eligibility for
federal grant funds and helping to protect workers
from workplace injuries, illnesses, and fatalities.
In 2015, Congress passed the Federal Civil Penalties
Inflation Adjustment Act Improvements Act, requiring
many federal agencies to adjust penalties for
inflation going back to 1990, and requiring subsequent
yearly adjustments according to changes in the
Consumer Price Index. Occupational Safety and Health
Administration complied by adjusting their maximum
penalties in July 2016, including a six-month grace
period for states to comply. In order to comply with
federal program requirements, AKOSH must have at least
equivalent maximum and minimum penalties. AKOSH fell
out of compliance with this requirement on January 1,
2017, when the six-month buffer period expired.
Maximum and minimum penalties for violations of
Alaska's occupational safety and health laws are
specified in AS 18.60.095, the Penalties section of
Prevention of Accident and Health Hazards. House Bill
121 allows the Department of Labor and Workforce
Development to set penalty amounts by regulation and
limits the penalties to corresponding federal maximums
for each violation type. This enables the department
to adjust to federally required changes while placing
a cap on increases.
Please join me in supporting House Bill 121 to
maintain over $2 million in yearly federal grant funds
that serve working Alaskans by reducing workplace
injuries, illnesses, and fatalities.
2:25:45 PM
DEBORA KELLY, Director, Division of Labor Standards & Safety,
Department of Labor and Workforce Development (DOLWD), Juneau,
explained that AKOSH is Alaska's state plan through which it
receives federal grants and ensures the safety and health
standards that protect most Alaskan workers. She listed the
following benefits of having a state plan:
• Industries have direct input into developing safety and
health standards.
• State and municipal employees gain safety and health
protections.
• Citation appeals go through a local administrative process.
To maintain the state plan, AKOSH must be at least as effective
as federal OSHA. That includes statutory maximum penalties.
In 2015, Congress passed legislation that caused a lot of
federal agencies to inflation adjust their penalties. OSHA did
so in 2016 and required all state plans to follow suit. Alaska
fell out of compliance January 1, 2017 and HB 121 is the remedy.
It requires DOLWD to adopt maximum penalty amounts by regulation
and limits the amounts to the corresponding federal amounts for
each violation type.
CHAIR COSTELLO asked when the department became aware that it
was out of compliance.
MS. KELLY replied it was when OSHA inflation-adjusted its
penalties and required state plans like AKOSH to do the same.
That is when DOLWD began working to develop the bill
CHAIR COSTELLO commented on the effective date of the Act.
MS. KELLY directed attention to Section 9 on page 3. It states
that Section 8 of the Act takes effect immediately.
2:29:06 PM
At ease
2:29:10 PM
CHAIR COSTELLO reconvened the meeting.
SENATOR GARDNER requested clarification that the bill does not
change the health and safety standards. It simply changes the
penalty for being in violation of the inspection requirements.
MS. KELLY agreed.
SENATOR MICCICHE observed that Sections 1, 3, and 4 use the term
may" and Section 2 uses the term shall. He asked what is
different in Section 2 that would require a "shall.
REPRESENTATIVE KITO said he didn't know the reason that shall
was used in Section 2.
CHAIR COSTELLO asked Ms. Kelly if she could respond.
MS. KELLY offered to do follow-up research on the history of the
statutory language.
SENATOR MICCICHE said he'd like to know if it was a mistake. He
also expressed concern that the legislature has no control over
the amount of the maximum civil penalties if it is determined by
regulation.
CHAIR COSTELLO asked the sponsor if someone from the department
could respond.
REPRESENTATIVE KITO deferred to the department. He returned to
the question about the use of "shall versus may" and advised
that it is existing law that HB 121 does not change.
CHAIR COSTELLO asked Senator Micciche if he wanted to hold the
bill or pass it along to finance and get the answer there.
SENATOR MICCICHE said he'll see it in finance.
2:33:40 PM
SENATOR MICCICHE moved to report HB 121 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COSTELLO stated that without objection, HB 121 moves from
Senate Labor and Commerce Standing Committee.