HOUSE LABOR AND COMMERCE STANDING COMMITTEE February 17, 1997 3:32 p.m. MEMBERS PRESENT Representative Norman Rokeberg, Chairman Representative Bill Hudson Representative Jerry Sanders Representative Gene Kubina MEMBERS ABSENT Representative John Cowdery Representative Joe Ryan Representative Tom Brice COMMITTEE CALENDAR *HOUSE BILL NO. 117 "An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date." - MOVED CSHB 117(L&C) OUT OF COMMITTEE *HOUSE BILL NO. 118 "An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date." - MOVED HB 118 OUT OF COMMITTEE (* First public hearing) PREVIOUS ACTION BILL: HB 117 SHORT TITLE: ELEVATOR/BOILER/PRESSURE VESSEL STDS SPONSOR(S): LABOR & COMMERCE BY REQUEST JRN-DATE JRN-PG ACTION 02/07/97 265 (H) READ THE FIRST TIME - REFERRAL(S) 02/07/97 265 (H) LABOR & COMMERCE 02/17/97 (H) L&C AT 3:15 PM CAPITOL 17 BILL: HB 118 SHORT TITLE: REPORTING OF EMPLOYMENT ACCIDENTS SPONSOR(S): LABOR & COMMERCE BY REQUEST JRN-DATE JRN-PG ACTION 02/07/97 265 (H) READ THE FIRST TIME - REFERRAL(S) 02/07/97 265 (H) LABOR & COMMERCE 02/17/97 (H) L&C AT 3:15 PM CAPITOL 17 WITNESS REGISTER AL DWYER, Director Division of Labor Standards and Safety Department of Labor P.O. Box 21149 Juneau, Alaska 99801-1149 Telephone: (907) 465-4855 POSITION STATEMENT: Explained HB 117 and HB 118. ACTION NARRATIVE TAPE 97-11, SIDE A Number 001 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce Standing Committee to order at 3:32 p.m. Members present at the call to order were Representatives Rokeberg, Sanders, Kubina and Hudson. HB 117 - ELEVATOR/BOILER/PRESSURE VESSEL STDS Number 038 CHAIRMAN ROKEBERG announced the committee would hear HB 117, "An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date." Number 038 AL DWYER, Director, Division of Labor Standards and Safety, Department of Labor, came before the committee to explain HB 117. He informed the committee members the bill will simplify the process of adopting new additions of the boiler and elevator code. He explained new additions of these codes are issued every three years requiring legislative action to update the enforcement codes for the state. There has never been any opposition to the new codes and they have been adopted by the legislature in the past. Mr. Dwyer said by transferring adoption authority to the Department of Labor, the process of updating codes will be streamlined and the matter will not have to take up legislative time and attention. He noted there would not be a fiscal impact. MR. DWYER explained he has one proposed amendment. He said, "We've been asked that we keep in `shipboard elevators' in the code. We assumed that the Coast Guard was inspecting elevators on the ferry system where there are state employees, but it turns out they haven't been. So we were asked to leave that in the code. In past additions we've taken it out." Number 138 REPRESENTATIVE BILL HUDSON said he believes this is an excellent approach. He asked if the code has been coming forward with changes that incur additional costs to the general public. MR. DWYER responded to his knowledge, the answer is no. He noted it is new technology. CHAIRMAN ROKEBERG said the bill allows the department to adopt the three codes by regulation. In the regulation process, you have to have public hearings and go through the Administrative Procedures Act. He asked if it is possible that there could be a deviation characterized as a local amendment and could be adopted as a result of public input during the course of the regulatory process. MR. DWYER explained that generally, they adopt the codes and allow local communities to amend them as long as they are not less stringent than the department's regulations. CHAIRMAN ROKEBERG said, "We allow local jurisdictions to make them more strict, but not less strict under the present evaluation. However, if there were a provision that would be less strict than the national code, could that be adopted through the regulatory process?" MR. DWYER said that could happen. Number 296 CHAIRMAN ROKEBERG said he would entertain a motion on Amendment 1. REPRESENTATIVE JERRY SANDERS moved to adopt Amendment 1. CHAIRMAN ROKEBERG asked if there was an objection. Hearing none, Amendment 1 was adopted. Number 310 REPRESENTATIVE GENE KUBINA made a motion to move HB 117, as amended, out of committee with individual recommendations and a zero fiscal note. CHAIRMAN ROKEBERG asked if there was an objection. Hearing none, CSHB 117(L&C) was moved out of the House Labor and Commerce Committee. HB 118 - REPORTING OF EMPLOYMENT ACCIDENTS Number 334 CHAIRMAN ROKEBERG announced the next order of business would be HB 118, "An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date." He opened the public hearing. Number 345 AL DWYER, Director, Division of Labor Standards and Safety, Department of Labor, came before the committee. He informed the committee members that HB 118 would shorten the time frame for an employer's reporting of an accident that is fatal to an employee or that requires inpatient hospitalization. Changes would also be made regarding the manner in which the report is to be made and the information that is to be included. He said to maintain the state Occupational Safety and Health Program, our standards must be at least as effective as federal standards. These changes will bring Alaska into compliance with federal law. He noted there wouldn't be fiscal impact associated with HB 118. Number 402 CHAIRMAN ROKEBERG pointed out that the bill says that there will be a federal toll-free number provided by the division. He asked Mr. Dwyer to describe what that means. MR. DWYER said he didn't know a lot about the federal toll-free number. He indicated he would find out the answer and get back to him. Mr. Dwyer noted employers could call that toll-free number within the time frame required in the bill. CHAIRMAN ROKEBERG asked if the Department of Labor implements the Federal Occupational Safety and Health Administration (OSHA) standards in the state of Alaska. MR. DWYER said that is correct. CHAIRMAN ROKEBERG asked if that would include all areas. MR. DWYER responded with regards to worker safety, everything on land except maritime worker safety. CHAIRMAN ROKEBERG asked who does maritime worker safety. DR. DWYER responded the Federal Department of Labor, OSHA. Number 527 REPRESENTATIVE HUDSON moved and asked unanimous consent to move HB 118 out of committee with a zero fiscal note. Hearing no objection, HB 118 was moved out of the House Labor and Commerce Committee. ADJOURNMENT CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Committee meeting at 3:32 p.m.