02/02/2016 01:30 PM Senate LABOR & COMMERCE

        SB 148-EMPLOYER REPORT OF WORKPLACE INJURY/DEATH                                                                    
                                                                                                                                
1:54:20 PM                                                                                                                    
CHAIR   COSTELLO  reconvened   the  meeting   and  announced   the                                                              
consideration of SB 148.                                                                                                        
                                                                                                                                
HEIDI  DRYGAS, Commissioner,  Department  of  Labor and  Workforce                                                              
Development  (DOLWD),   introduced  SB   148  on  behalf   of  the                                                              
administration.  She   read  the  following  statement   into  the                                                              
record:                                                                                                                         
                                                                                                                                
     This  legislation  amends   current  workplace  accident                                                                   
     reporting   requirements  to   include  incidents   that                                                                   
     involve loss  of an eye or amputation.  These amendments                                                                   
     are  necessary  to  keep  pace  with  federal  workplace                                                                   
     accident  reporting  standards   that  became  effective                                                                   
     January 1, 2015.                                                                                                           
                                                                                                                                
     Alaska  operates  an  approved   state  plan  under  the                                                                   
     federal  Occupation  and  Safety  Health  Act  of  1970,                                                                   
     which requires  that the state maintain  standards that,                                                                   
     at   a  minimum,   meet   the  federal   standards.   AS                                                                   
     18.60.030(6)   also   establishes   that   Alaska   will                                                                   
     maintain  requirements that  are at  least as  effective                                                                   
     as  those  adopted  by the  U.S.  Department  of  Labor.                                                                   
     Federal   OSHA  made  changes   to  accident   reporting                                                                   
     requirements under  federal regulation that  took effect                                                                   
     on  January   1,  2015.   The  changes  require   prompt                                                                   
     reporting  of  industrial   accidents  resulting  in  an                                                                   
     amputation  or   loss  of  an  eye.  Federal   OSHA  has                                                                   
     notified   the   State   that    failure   to   maintain                                                                   
     equivalency  could jeopardize  federal  funding and  the                                                                   
     State's  jurisdiction   over  occupational   safety  and                                                                   
     health. SB [148] does just that.                                                                                           
                                                                                                                                
1:56:29 PM                                                                                                                    
GREY MITCHELL, Director,  Division of Labor Standards  and Safety,                                                              
Department   of   Labor   and   Workforce   Development   (DOLWD),                                                              
introduced himself and offered to answer questions.                                                                             
                                                                                                                                
CHAIR COSTELLO  asked if the  department currently keeps  track of                                                              
the information  about Alaskans  who have  suffered amputation  or                                                              
the loss of an eye.                                                                                                             
                                                                                                                                
MR. MITCHELL replied  the department tracks the  incidents through                                                              
the Workers'  Compensation Division,  but there is  no requirement                                                              
to  report  to  the Occupational  Safety  and  Health  Office  for                                                              
investigation  purposes.  But  the   incidents  must  be  reported                                                              
within 10  days, primarily  to determine  benefits under  Workers'                                                              
Compensation.                                                                                                                   
                                                                                                                                
This  new  reporting  requirement  will  allow  a  quick,  8-hour,                                                              
turnaround,   primarily   to  investigate   these   more   serious                                                              
accidents. The  idea is to address  the causes of  those accidents                                                              
so they don't happen in the future.                                                                                             
                                                                                                                                
SENATOR STEVENS asked  what happens to the information  after it's                                                              
collected.                                                                                                                      
                                                                                                                                
MR.   MITCHELL   replied  the   data   is  used   internally   for                                                              
investigation  purposes.  It  is   not  available  to  the  public                                                              
without a special request.                                                                                                      
                                                                                                                                
SENATOR  STEVENS  asked if  the  department  has  to report  to  a                                                              
federal agency.                                                                                                                 
                                                                                                                                
MR. MITCHEL answered  that investigations are entered  into a data                                                              
base that is available to their federal counterparts.                                                                           
                                                                                                                                
1:59:32 PM                                                                                                                    
CHAIR  COSTELLO asked  if he  has  a preference  for a  particular                                                              
effective date.                                                                                                                 
                                                                                                                                
MR. MITCHELL replied sooner would be better than later.                                                                         
                                                                                                                                
CHAIR COSTELLO  stated her intention  to work with  the department                                                              
on an immediate effective date.                                                                                                 
                                                                                                                                
SENATOR  STEVENS  asked Mr.  Mitchel  if  he was  concerned  about                                                              
additional costs due to the investigations.                                                                                     
                                                                                                                                
MR. MITCHELL  replied many of  the accidents are  already reported                                                              
and a small  percentage are evaluated for  investigation purposes.                                                              
For  FY2015,  there  were  39  amputation  incidents  reported  to                                                              
Workers'  Compensation  and  zero   loss  of  eye  incidents.  The                                                              
numbers aren't expected to be huge, he said.                                                                                    
                                                                                                                                
2:02:20 PM                                                                                                                    
CHAIR COSTELLO opened  public testimony. Finding  none, she closed                                                              
it and held SB 148 in committee.