Ala. Code § 25-5-11.1 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-11.1
Section 25-5-11.1 Employee Not to Be Terminated Solely for Action to Recover Benefits nor for Filing Notice of Safety Rule Violation
Status: in_force

No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers’ compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant to subdivision (c)(4) of Section 25-5-11.
Ala. Code § 25-4-97 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-97
Section 25-4-97 Powers of Appeals Tribunal, Board of Appeals and Officers of Department of Labor as to Witnesses; Witness Fees
Status: in_force

In the discharge of their duties under this chapter any deputy, any appeals tribunal, any member of the board of appeals, and any officer of the Department of Labor authorized and designated by the secretary shall have power to administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, payrolls, documents, records, and testimony. In the event of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or to testify as to any matter regarding which he may be lawfully interrogated, it shall be the duty of any court of competent jurisdiction or of the judge thereof, upon the application of the secretary or any officer of the Department of Labor designated by the secretary, or any member of the board of appeals, to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued for such court or a refusal to testify therein. Witness fees and other expenses involved in the proceedings under this article shall be paid to the extent necessary at rates specified by the secretary. Such expenses shall be deemed a part of the expense of administering this chapter.
Ala. Code § 25-6-4 — Alabama Code / Title 25 / Chapter 6 / Section 25-6-4
Section 25-6-4 Acceptance of Insurance Benefits, Etc., Not to Bar Action, Etc.; Setoff
Status: in_force

No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee, but, upon the trial of such action against any employer, the defendant may set off therein any sum he has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee or, in case of death, to his personal representative.
Ala. Code § 25-9-274 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-274
Section 25-9-274 Electrical Equipment Installations and Inspections; Grounding and Insulation of Electrical Equipment; Trailing Cables
Status: in_force

(a) Installations and inspections. All electrical equipment installations shall be approved and all electrical inspections made by a qualified person.

(b) Grounding.

(1) Where grounding wires are used to ground metallic sheaths, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if:

a. The cross-sectional area (size) of the grounding wire is at least one-half the cross-sectional area (size) of the power conductor where the power conductor used is No. 6 A.W.G. or larger.

b. Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area (size) of the grounding wire is equal to the cross-sectional area (size) of the power conductor.

(2) The protective grounding of electrical circuits and equipment to water pipe systems, when available, is desired as such grounding offers the most effective protection to life and property. Gas or air pipelines shall not be used for grounding circuits. Metal well casings, metal drain pipes, and similar buried metal structures of considerable extent may be used in lieu of extended buried water piping systems.

(3) The ground connection to metallic piping systems shall be made by means of a suitable connection firmly attached to the pipe after all rust and scale have been removed, or by means of a brass plug which has been tightly screwed into a pipe fitting or, where the pipe is of sufficient thickness, screwed into a hole in the pipe itself or by other equivalent means. The grounding conductor shall be attached to the clamp or to the plug by means of solder or a suitable solderless connector.

(4) If conduit, couplings, or fittings having protective coatings of nonconducting material, such as enamel, are used, such coating shall be thoroughly removed from couplings, conduits, and such surfaces of fittings where the conduit or ground connection is secured in order to obtain a good connection.

(5) Artificial grounds should be located where practicable below permanent moisture level, or, failing in this, a suitable means of grounding shall be used.

(6) Where copper ground plates are used, they should be at least six hundredths of an inch thick. When driven pipes are used, they should be of galvanized iron and not smaller than three fourths of an inch internal diameter, and when cast iron plates are used they should be at least twenty-five hundredths of an inch thick.

(c) Insulation.

(1) All fixed electric light and power lines, regardless of voltage, shall be properly supported on standard insulators.

(2) Drop cord extension light lines shall be flexible with heavy rubber insulation, equipped with a heavy wire light globe shield, hook, and heavy rubber handle.

(d) Trailing cables.

(1) Where employees are required to handle energized high voltage trailing cables, they shall be required to use cable tongs and wear rubber gloves. Where surroundings are wet, such employees shall also be required to wear rubber boots.

(2) Damage to the insulation of trailing cables shall be promptly reported and repairs made. Splicing shall be done only by a competent electrician or person competent to splice cables, and splices shall be made moisture-proof. Where it is necessary for mechanical equipment to cross a cable, safe cable bridges shall be provided and used. Where armored cables or conduit are used, the armor or metal conduit shall be electrically continuous, and, when necessary to splice armored cable, the broken section of the armor shall be bonded to insure electrical continuity.
Ala. Code § 25-9-85 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-85
Section 25-9-85 Sealing, Testing, Etc., of Abandoned Workings
Status: in_force

(a) Abandoned workings that cannot be ventilated adequately with safety to employees must be sealed. The chief of the division will prescribe rules for sealing and periodic testing of air and water behind seals. Failure to comply with rules for sealing and periodic testing will be a violation of this section.

(b) Abandoned workings shall be posted to warn persons against entering, and all accessible abandoned workings shall be examined semimonthly or more often if necessary. When posting is inadequate to warn persons against entering, abandoned workings shall be properly fenced off at all such entrances.
Ala. Code § 25-12-10 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-10
Section 25-12-10 Special Inspectors
Status: in_force

(a) In addition to the deputy inspectors authorized by Section 25-12-9, the secretary, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels, or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department and causes the pressure vessels to be regularly inspected and rated by the inspection service in accordance with applicable provisions of the rules and regulations adopted by the department pursuant to Section 25-12-4, shall issue to each inspector of the insurance company a certificate of competency as a special inspector and to each inspector of the company operating a pressure vessel a certificate of competency as owner or user inspectors. Each inspector before receiving his or her certificate of competency shall satisfactorily pass the examination provided for by Section 25-12-11 or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels from a state that has a standard of examination substantially equal to that of this state, or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by the company and which are not for resale.

(b) The expenses or salary of special inspectors or owner or user inspectors shall not be paid by the state. The continuance of their certificates of competency shall be conditioned upon the special inspectors or owner or user inspectors continuing in the employ of the boiler insurance company or in the employ of the company operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter.

(c) The special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies. When inspected, the owners and users of the boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the secretary.
Ala. Code § 25-4-140 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-140
Section 25-4-140 Certain Assignments, Etc., of Right to Benefits Void; Exemption from Attachment, Etc.; Exception
Status: in_force

Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter, except as is provided by this chapter, shall be void, and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debts. Any waiver of any exemption herein provided, unless expressly permitted by this section, shall be void.
Ala. Code § 25-6-3 — Alabama Code / Title 25 / Chapter 6 / Section 25-6-3
Section 25-6-3 Maintenance of Action by Personal Representative; Disposition of Damages Recovered
Status: in_force

If such injury results in the death of the servant or employee, his personal representative is entitled to maintain an action therefor in a court of competent jurisdiction, and the damages recovered are not subject to the payment of debts or liabilities but shall be distributed according to the statute of descent and distributions.
Ala. Code § 25-1-24 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-24
Section 25-1-24 Unlawful Employment Practices - Labor Organization
Status: in_force

It is an unlawful employment practice for a labor organization to do any of the following:

(1) Exclude or expel from its membership, or otherwise discriminate against an individual because of the age of the individual.

(2) Limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment an individual in any way which would deprive or tend to deprive an individual of employment opportunities, or adversely affect the status of an individual as an employee, or as an applicant for employment, because of the age of the individual.

(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this section.
Ala. Code § 25-9-63 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-63
Section 25-9-63 Mine Disasters
Status: in_force

(a) If a disaster occurs in a mine, the chief of the division and the nearest office of the United States Bureau of Mines shall be notified by the quickest available means. All facilities of the mine shall be made available for rescue and recovery operations.

(b) No work other than rescue and recovery work may be attempted or started until and unless authorized by the chief of the division or his designated representatives.

(c) After a disaster, operations may not be resumed until authorized by the chief of the division.

(d) If an explosion occurs in a mine, the fan shall not be reversed except by authority of the official in charge of disaster work and then only after a study of the effect of reversing the fan on survivors who are still underground.

(e) The chief of the division shall make available all the facilities at his disposal in effecting rescue and recovery work, and shall act as a consultant or take personal charge where, in his opinion, the circumstances warrant or where the managerial official’s status is either incompetent or inadequate.

(f) The orders of the official in charge of disaster work shall be respected and obeyed by all persons engaged in rescue and recovery work.

(g) The chief of the division shall maintain an up-to-date disaster plan for prompt and adequate employment at any coal mine in the state. All employees of the division shall be kept fully informed and trained in their respective duties in making the disaster plan work effectively. The division’s plan shall be published annually and furnished to all operators of coal mines and to representatives of the employees. Changes in the plan shall be published promptly when made and furnished to all operators of coal mines and to representatives of the employees.
Ala. Code § 25-9-345 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-345
Section 25-9-345 Failure of Mine Operators to Weigh Coal Accurately and Correctly
Status: in_force

Any person or corporation operating any coal mine in which miners or other laborers are employed to mine or cut coal for a compensation to be determined by the weight of the coal mined or cut, who fails to weigh or causes to be weighed accurately and correctly any coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than $10.00 nor more than $100.00.
Ala. Code § 25-5-114 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-114
Section 25-5-114 Rights and Remedies of Employees, Etc., Under Article Exclusive; Civil and Criminal Liability of Employers, Etc
Status: in_force

The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise on account of the contraction of an occupational disease, as defined in this article, and on account of any injury, disability, loss of service, or death resulting from an occupational disease, as defined in this article. Except as provided in this article, no employer included within the terms of this chapter and no officer, director, agent, servant, or employee of such employer shall be held civilly liable for the contraction of an occupational disease, as defined in this article, or for injury, disability, loss of service, or death of any employee due to an occupational disease while engaged in the service or business of the employer, the cause of which occupational disease originates in the employment; but nothing in this section shall be construed to relieve any person from criminal prosecution for failure or neglect to perform any duty imposed by law. The immunity from civil liability shall extend to any workers’ compensation insurance carrier of such employer and to any officer, director, agent, servant, or employee of such carrier, and such immunity shall further extend to any labor union, or any official or representative thereof, making a safety inspection for the benefit of the employer or the employees.
Ala. Code § 25-13-18 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-18
Section 25-13-18 Installation by Licensee; Certification of Compliance; Certificate of Operation; Inspection
Status: in_force

(a) All new conveyance installations shall be performed by a sole proprietor, firm, or corporation to which a license to install or service conveyances has been issued. Subsequent to installation, the licensed sole proprietor, firm, or corporation must certify compliance with the applicable sections of this chapter. Prior to any conveyance being used, the property owner or lessee must obtain a certificate of operation from the administrator. A fee as set forth in this chapter shall be paid for the certificate of operation. It shall be the responsibility of the licensed elevator contractor to complete and submit first-time registrations for new installations. The certificate of operation fee for newly installed elevators, platform lifts, and stairway chairlifts for private residences shall be subsequent to an inspection by a licensed third party inspection firm.

(b) The certificate of operation fee for all new and existing stairway chairlifts for private residences and any renewal fees shall be waived. The administrator, or his or her designee, shall inspect, in accordance with the requirements set forth in this chapter, all newly installed elevators, platform lifts, and stairway chairlifts for private residences. For newly installed residential elevators and residential elevators in locations other than private residences, the inspector shall note on the inspection report compliance with the applicable codes governing protection of hoistway openings, commonly known as the 3x5 rule.

(c) A certificate of operation is renewable annually. The administrator may require any conveyance out of compliance with this chapter to be placed out of service until it is reinspected and found to be in compliance. In addition, a private residence owner may request an annual inspection at his or her discretion. Certificates of operation must be clearly displayed on or in each conveyance.

(d) No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of elevators and conveyances within the limits of the county, municipality, or other political subdivision.
Ala. Code § 25-9-134 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-134
Section 25-9-134 Blasting Practices and Procedures Generally
Status: in_force

(a) Only competent persons shall be designated or permitted to handle explosives or do blasting. Only electric detonators of proper strength may be used and the use of delay electric detonators is prohibited for blasting coal or coal and other material. Primers shall be made up as needed for blasting and prepared in accordance with the safety standards of the Institute of Makers of Explosives or of the manufacturer of the explosives as approved by the chief; provided, however, that nothing provided in this subsection shall prohibit the use of permissible millisecond blasting in conformity with the requirements, exceptions, limitations, conditions, and restrictions on the use thereof established or hereinafter established by the Bureau of Mines of the United States Department of the Interior.

(b) Care shall be used in placement and drilling of holes. Test roof, face, ribs and timbers for dangerous conditions before drilling or preparing holes. Certified official or approved competent persons must test for methane with approved methane detectors before drilling with electric powered drills and before charging bore holes.

(1) Bore holes shall not be drilled beyond the back of the cut or cutting shot nor into the solid ribs, roof, or floor.

(2) Where it is impractical to undercut, top cut, or shear the coal face and solid shooting is necessary, depending shots are prohibited. The method of placing and firing holes is subject to approval by the chief.

(3) Bore holes shall be cleaned and checked to see that they are placed properly and are of correct depth in relation to the cut before being charged.

(4) To prevent blown-out or windy shots, all portions of the bore holes, where the height of the coal permits, shall have a burden in all directions of at least 18 inches before being fired.

(c) Charges shall not exceed one and one-half pounds in bore holes under six feet in depth. Charges exceeding one and one-half pounds but not exceeding three pounds may be used only if bore holes are six feet or more in depth, have a burden in all directions of at least 18 inches and Class A or Class B permissible explosives are used.

(d) Bore holes shall be charged with explosives in a continuous train with no cartridges deliberately deformed or crushed, with all cartridges in contact with each other, and with the end cartridges touching the back of the hole and the stemming respectively.

(e) Bore holes shall be tamped with wooden tamping bars, and shall be stemmed with at least 24 inches of incombustible material or at least one half of the length of the hole shall be so stemmed if the hole is less than four feet in depth. Water-filled plastic bags for stemming may be used under the following conditions:

(1) The bags shall be made of polyvinyl chloride not less than six mils in thickness or equivalent in tear resistance and noninflammability.

(2) The bore hole shall be stemmed with at least one water-filled bag not less than 15 inches in length and within one fourth of one inch of the bore hole diameter. Short bore holes may not accommodate the entire bag, but this shall be acceptable.

(3) The bags shall be equipped with self-closing valves or equivalent leakproof protection.

(4) To prevent puncturing, the water-filled bag shall be pushed gently into the bore hole until it touches the charge of explosives and shall not be tamped or forced.

(f) In mines where shooting is done on shift, all shots or series of shots shall be fired promptly after charging and in the following manner:

(1) Remove shunts or untwist ends of leg wires of electric detonators and connect to firing cable.

(2) Move away from face, paying out cable and being sure cable does not contact pipe, pan line or other material that may carry stray currents. Keep leg wires and firing cable up out of water.

(3) Take firing position in protected place around at least one solid corner or in an adequate shelter hole.

(4) Give ample warning before shots are fired and ascertain that all persons are in the clear. See to it that men are removed from adjoining working places when there is possibility of a shot breaking through.

(5) Unshunt ends of firing cable, attach to blasting unit, call “Fire! Fire!” with intervals between each warning and set off charge.

(6) Disconnect firing cable and reshunt ends.

(7) Wait for smoke to clear and immediate roof effect to take place.

(8) Return to face, reeling up firing cable and make tests of face, roof, ribs, and timbers for dangerous conditions. In mines classed as gassy, a certified official or approved competent person must make a gas examination on return to the face after blasting.

(9) If gas or other dangerous conditions are found that cannot be made safe in normal course of work, mark place out with DANGER sign and report to mine foreman or supervisor in charge.

(g) Holes shall not be drilled, charged, or fired in any place where methane gas can be detected at one percent or more on an approved methane detector.

(h) In mines where shooting is done from the surface with all men out of the mine, a separate blasting circuit must be provided with a switch kept locked when not in use for blasting or written approval of the chief of the division must be secured. Requests to use power or a signal circuit for blasting with all men out of the mine, shaft, or slope must state precautions taken to guard against electrocution and premature detonation hazards. Approval by the chief will be conditioned on compliance with these precautions, violations of which will be considered violations of this section of the law.

(i) Mixed charges shall not be charged or fired in any bore hole.

(j) The firing of adobe (mudcap) or other open, unconfined shots is prohibited in any mine.
Ala. Code § 25-5-89 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-89
Section 25-5-89 Proceedings for Determination of Disputed Claims for Compensation - Costs and Fees
Status: in_force

Costs may be awarded by said court in its discretion, and, when so awarded, the same costs shall be allowed, taxed and collected as for like services and proceedings in civil cases, but if it shall appear that the employer, prior to the commencement of the action, made to the person or persons entitled thereto a written offer of compensation in specific terms, which terms were in accordance with the provisions of this article and Article 2 of this chapter, then no costs shall be awarded or taxed against such employer.
Ala. Code § 25-9-6 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-6
Section 25-9-6 Qualifications and Residence of Mine Inspectors and Head Mine Inspector
Status: in_force

(a) Each mine inspector and head mine inspector shall:

(1) Be a qualified elector;

(2) Possess a mine foreman certificate of competency of the State of Alabama;

(3) Have had eight or more years’ practical experience in coal mines; and

(4) Be not less than 28 years of age.

(b) The mine inspectors shall reside at points convenient to their respective districts.
Ala. Code § 25-9-369 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-369
Section 25-9-369 Representation of Department
Status: in_force

The department may be represented by its general counsel or other attorneys, district attorneys, or the Attorney General.
Ala. Code § 25-10-5 — Alabama Code / Title 25 / Chapter 10 / Section 25-10-5
Section 25-10-5 Public Hearings; Powers of Department as to Witnesses, Records, Etc
Status: in_force

In the administration of this chapter, the department shall have the power to conduct public hearings for the purposes of determining the law’s effectiveness, determining methods and standards of administration and to otherwise assist in carrying out the purposes of this chapter.

The department shall have the authority to administer oaths and affirmations, take depositions, issue subpoenas, and compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence.
Ala. Code § 25-9-19 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-19
Section 25-9-19 Inspection of Working Places and Abandoned Areas of Mines by Foreman
Status: in_force

The mine foreman or subordinate supervisor shall visit each working place on operating days to assure that proper conditions are maintained in the mine as to timbering, ventilation, supplies, and all other conditions pertaining to the safety of the men. He shall further direct and cause to be made a weekly inspection, and more often if necessary, of all accessible abandoned areas in the mine.
Ala. Code § 25-4-93 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-93
Section 25-4-93 Appeals Tribunals - Power to Affirm, Modify or Set Aside Decision; Notification of Parties
Status: in_force

Unless such appeal is withdrawn, an appeals tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, modify, or set aside the findings of fact and decision of the deputy. The parties shall be promptly notified in writing of such tribunal’s decision, together with his reasons therefor.
Ala. Code § 25-11-15 — Alabama Code / Title 25 / Chapter 11 / Section 25-11-15
Section 25-11-15 Department of Revenue to Furnish Information on Employers; Fee Reimbursed
Status: in_force

(a) The State Department of Revenue shall furnish to the department information on all employers doing business in the state. This information shall identify all employers who have paid wages, as indicated by the Department of Revenue’s tax records.

(b) The Department of Revenue shall be reimbursed a reasonable fee, as determined by the department and the Department of Revenue, for furnishing this information.
Ala. Code § 25-1-21 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-21
Section 25-1-21 Discrimination Against Workers 40 Years of Age and Over - Prohibited
Status: in_force

No employer, employment agency, or labor organization shall discriminate in employment against a worker 40 years of age and over in hiring, job retention, compensation, or other terms or conditions of employment.
Ala. Code § 25-5-92 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-92
Section 25-5-92 Discharge of Lien Upon Judgment Payable Periodically
Status: in_force

When the judgment, however, is for a sum not due, that is, payable periodically, the defendant may discharge the registered lien by giving a bond for the payment of same to be approved by the probate judge and recorded, and he shall receive the same for registration. No execution shall issue where such judgment is payable periodically unless default is made in the payment of one or more of such periodical payments.
Ala. Code § 25-1-40 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-40
Section 25-1-40 Electronic Access to Wage Reports
Status: in_force

(a) For purposes of this section, the following terms have the following meanings:

(1) CONSUMER REPORTING AGENCY. Any person, entity, or agency which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(2) DEPARTMENT. The Department of Labor.

(3) USER. The same meaning as set forth in the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.

(b) Notwithstanding any other provision of law to the contrary, the department may contract with one or more consumer reporting agencies to provide secure electronic access to employer-provided information relating to the quarterly wages report submitted in accordance with the state’s unemployment compensation law. Such access is limited to the wage reports for the preceding 16 calendar quarters.

(c) A user shall receive written consent from the consumer prior to receiving the information pursuant to subsection (b). The written consent from the consumer shall be signed and shall contain all of the following:

(1) Specific notice that the individual’s wage and employment history information will be released to a consumer reporting agency.

(2) Notice that any release is made for the sole purpose of reviewing a specific application made by the individual.

(3) Notice that the files of the department containing wage and employment history information submitted by the individual or his or her employers may be accessed.

(4) A listing of the parties authorized to receive the released information.

(d) Consumer reporting agencies and users accessing information under this section shall safeguard the confidentiality of such information and shall use the information only to support a single transaction for the user to satisfy standard financial underwriting requirements or other requirements imposed upon the user, and to satisfy the obligations of the user under applicable state or federal fair credit reporting laws and rules governing this section.

(e) If any consumer reporting agency or creditor violates any provision of this section, the department shall, upon 30 days’ written notice to the consumer reporting agency, terminate the contract established between the department and the consumer reporting agency pursuant to this section. In no event shall the department be liable for any violation by the consumer reporting agency or creditor of any provision of this section.

(f) The department shall establish minimum audit, security, net worth, and liability insurance standards, technical requirements, and any other terms and conditions considered necessary in the discretion of the department to safeguard the confidentiality of the information released under this section and to otherwise serve the public interest. The department shall also include, in coordination with any necessary audit procedures to ensure that the safeguards are followed.

(g) In contracting with one or more consumer reporting agencies pursuant to this section, any revenues generated by any contract shall be used to pay the entire cost of providing access to the information. In accordance with federal regulations, any additional revenue generated by the department or the state under this section shall be paid into the Employment Security Administration Fund with continuous appropriation for the administration of the unemployment compensation system or as otherwise provided by law.

(h) The department may not provide wage and employment history information to any consumer reporting agency before the consumer reporting agency under contract with the department pays all development and start-up costs incurred by the state in connection with the design, installation, and administration of technological systems and procedures for the electronic access program.

(i) The release of any information under this section shall be for a purpose authorized by and in the manner permitted by the United States Department of Labor and any subsequent rules or regulations adopted by that department.
Ala. Code § 25-9-28 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-28
Section 25-9-28 Solicitation of Funds from Employees for Purposes of Retaining or Procuring Employment, Etc
Status: in_force

Any coal mine superintendent, mine foreman or assistant mine foreman, or any other person or persons operating or controlling a coal mine, who shall receive or solicit any sum of money or other valuable consideration from any of his or their employees for the purpose of continuing such employee in his or their employ or for the purpose of procuring employment for such employee or procuring or keeping places for such employee shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00, nor more than $300.00 and shall be sentenced to hard labor for the county for a term of not less than six months.
Ala. Code § 25-4-114 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-114
Section 25-4-114 Advisory Council
Status: in_force

The Governor shall appoint an advisory council of not less than nine members, composed of equal numbers of employer representatives and employee representatives, who may be fairly regarded as representative because of their vocation, employment, or affiliations, and of members representing the public generally. Such council shall aid the secretary in formulating policies and discussing problems related to the administration of this chapter, and in assuring impartiality and freedom from political influence in the solution of such problems, and shall perform such other duties and functions as may be assigned to it by the secretary, and as it may, on its own initiative, undertake within the limits of this section. Such advisory council shall serve at the pleasure of the Governor, and without compensation, but shall be reimbursed for any necessary expenses pursuant to Article 2 of Chapter 7 of Title 36. Said council shall from time to time prepare recommendations as to the administration of this chapter, and as to changes, amendments, or modifications of such acts and laws of the State of Alabama, and particularly this chapter, as such council may deem proper, and said recommendations shall be submitted to the Governor and to the Legislature at its next session and at such succeeding sessions.
Ala. Code § 25-9-214 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-214
Section 25-9-214 Certain Machinery Prohibited Underground
Status: in_force

Nonpermissible internal combustion engines or other machinery which gives off noxious fumes shall not be permitted underground in any coal mine.
Ala. Code § 25-4-112 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-112
Section 25-4-112 Publication and Distribution of General Rules and Regulations, Etc
Status: reserved

The secretary shall cause to be printed in proper form for distribution to the public the text of this chapter, general rules, his annual report to the Governor and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor, and such printing and availability upon application shall be deemed a sufficient publication of the same. Copies of all general rules and regulations, as and when adopted, amended or repealed, shall be forwarded by the secretary to all employers subject to this chapter, who request in writing that they be placed on the mailing list therefor. Such rules and regulations shall in no event become effective until after the requirements of this section have been complied with.
Ala. Code § 25-4-96 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-96
Section 25-4-96 Procedure Exclusive
Status: in_force

The procedure provided in this article for the making of determinations with respect to claims for unemployment compensation benefits and for appealing from such determinations shall be exclusive.
Ala. Code § 25-5-331 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-331
Section 25-5-331 Definitions
Status: in_force

As used in this article, the following words and terms shall have meanings as follows:

(1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

(2) CHAIN OF CUSTODY. The methodology of tracking specified materials, specimens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all of the materials, specimens, or substances and providing for accountability at each stage in handling, testing, and storing materials, specimens, or substances and reporting test results.

(3) CONFIRMATION TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test shall be different in scientific principle from that of the initial test procedure. The confirmation method shall be capable of providing requisite specificity, sensitivity, and quantitative accuracy.

(4) DRUG. Amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualone, opiates, barbituates, benzodiazepines, propoxyphene, or a metabolite of any of the substances.

(5) EMPLOYEE. Any person who works for salary, wages, or other remuneration for an employer.

(6) EMPLOYEE ASSISTANCE PROGRAM. A program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services shall include consultation and training; professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and quality assurance.

(7) EMPLOYER. A person or entity that is subject to the Alabama Workers’ Compensation Law, except that this article shall not apply to individual self-insurers or members of group self-insurance funds.

(8) INITIAL TEST. A sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent procedure or shall use a more accurate scientifically accepted method approved by the National Institute on Drug Abuse as more accurate technology becomes available in a cost-effective form.

(9) JOB APPLICANT. A person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a substance abuse test and may have begun work pending the results of the substance abuse test.

(10) NONPRESCRIPTION MEDICATION. A drug or medication authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.

(11) PRESCRIPTION MEDICATION. A drug or medication lawfully prescribed by a physician for an individual and taken in accordance with the prescription.

(12) REASONABLE SUSPICION TESTING. Substance abuse testing based on a belief that an employee is using or has used drugs or alcohol in violation of the policy of the employer drawn from specific objective and articulate facts and reasonable inferences drawn from the facts in light of experience. Among other things, the facts and inferences may be based upon, but not limited to, the following:

a. Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations or being impaired due to substance abuse.

b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

c. A report of substance abuse provided by a reliable and credible source.

d. Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer.

e. Information that an employee has caused or contributed to an accident while at work.

f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the premises of the employer or while operating the employer’s vehicle, machinery, or equipment.

(13) REHABILITATION PROGRAM. An established program capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. The service shall in all cases be provided by persons licensed or appropriately certified as health professionals to provide drug or alcohol rehabilitative services.

(14) SPECIMEN. Tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol.

(15) SUBSTANCE. Drugs or alcohol.

(16) SUBSTANCE ABUSE TEST or TEST. Any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol.
Ala. Code § 25-5-2 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-2
Section 25-5-2 Powers and Duties of Secretary of Labor with Respect to Administration of Chapter Generally; “Director” Defined
Status: in_force

The Secretary of Labor of the State of Alabama shall gather statistics on accidents and their causes and shall generally be responsible for the efficient administration of this chapter. To this end, the secretary shall make the necessary investigations and examinations in connection with the settlement of all workers’ compensation claims. As used in this chapter, the word “secretary” shall mean the Secretary of the “Department of Labor”.
Ala. Code § 25-9-272 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-272
Section 25-9-272 Maintenance, Etc., of Means of Access to Pits
Status: in_force

(a) Access. Safe means of access shall be provided to all working places in any pit.

(b) Fastening ladders. All fixed ladders shall be properly installed, securely fastened and provided with back guards where necessary. At least three inches of toe clearance shall be provided.

(c) Incline of ladders. Under no circumstances shall any ladder inclining backward from the vertical be installed or used.

(d) Maintenance. Ladderways where used shall be maintained in safe condition and shall be inspected regularly.

(e) Steps. Where stairs are used, they shall comply with the requirements set forth in the basic safety manual, State of Alabama.

(f) Travel. Access to pits over railway haulage shall be provided with adequate warning signs.

(g) Walkway. Where access to pits is by walkway, it shall be properly graded, and if travel along the walkway is unsafe by reason of danger of falling into the pit, the walkway shall be protected by handrails. Drain ditches shall be laid out and both walk and drain ditches shall be kept free of broken stone, trash, and debris at all times.
Ala. Code § 25-4-90 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-90
Section 25-4-90 Filing Claims for Benefits
Status: in_force

Claims for benefits shall be made in accordance with such general rules as the secretary may prescribe.
Ala. Code § 25-5-78 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-78
Section 25-5-78 Written Notice to Employer of Accident - Required
Status: in_force

For purposes of this article only, an injured employee or the employee’s representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee’s dependent shall not be entitled to physician’s or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give the notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death.
Ala. Code § 25-11-8 — Alabama Code / Title 25 / Chapter 11 / Section 25-11-8
Section 25-11-8 Compliance with Federal Unemployment Tax Act
Status: in_force

(a) Pursuant to Section 3304(a)(16), Federal Unemployment Tax Act, in order for the state to be certified for tax credit, the custodian of records is specifically authorized to do the following, notwithstanding any law to the contrary:

(1) Provide wage and unemployment compensation information to the Secretary of Health and Human Services, in accordance with regulations promulgated by the secretary, as necessary for the purposes of the National Directory of New Hires.

(2) Provide wage information and welfare assistance information, as provided through a state program funded under Part A of Title IV, Social Security Act, or the Food Stamp Act of 1977, to the state or any of its political subdivisions upon request and for the purpose of determining an individual’s eligibility for welfare assistance. The information to be provided shall be that which the Secretary of Health and Human Services has determined in regulations as necessary for the purpose of determining eligibility.

(3) Establish safeguards, as are necessary, as determined by the Secretary of Health and Human Services in regulations, to ensure that information furnished under this section is used only for the purposes authorized under this section.

(b) The custodian of records shall supply only wage and unemployment compensation information that is already contained in its records and the records of the department’s Unemployment Compensation Division.
Ala. Code § 25-12-9 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-9
Section 25-12-9 Deputy Inspectors
Status: in_force

The secretary may employ deputy inspectors who shall be responsible to the chief inspector. A deputy inspector at the time of appointment shall have three years of experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector. A deputy inspector shall pass the examination provided for in Section 25-12-11.
Ala. Code § 25-4-135 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-135
Section 25-4-135 Effect of Bankruptcy or Liquidation of Employer
Status: in_force

In the event of bankruptcy of any employer, or of liquidation of an employer under any law of this state by reason of insolvency or inability to pay his debts, the amount due for contributions on behalf of the employer shall have the same status and priority as other taxes due the state; provided, that in the event of an employer’s adjudication in bankruptcy, a judicially confirmed extension proposal or a composition of creditors under the Federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided therein for other taxes due and owing this state.
Ala. Code § 25-13-6 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-6
Section 25-13-6 Elevator Safety Review Board - Powers and Duties. (Amended by Act 2026-539)
Status: in_force

AMENDED BY ACT 2026-539, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The board may consult with engineering authorities and organizations concerned with standard safety codes and rules governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevators, dumbwaiters, escalators, and the qualifications which are adequate, reasonable, and necessary for an elevator mechanic, contractor, and inspector. Therefore, the board may recommend the amendments of applicable legislation, when appropriate, to legislators.

(b) The board shall adopt rules for the equipment regulated by this chapter. The rules shall include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers (ASME) A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Automated People Mover Standards, American Society of Civil Engineers (ASCE) 21. After the date of publishing of the latest editions of the standards by the ASME, which is their effective date, the board shall review these editions within 12 months and determine whether to adopt the editions in part or in whole. Any modifications to the standards that the administrator deems necessary shall be justified in writing by the board. After adoption by the board, the latest editions of the standards by the ASME shall be effective on a date determined by the board but in no event more than six months after the board’s review date.

(c) The board may grant exceptions and variances from the literal requirements of applicable code and standards, rules, or local legislation, or any combination of these, in cases where the variances would not jeopardize the public safety and welfare. The board may hear appeals, hold hearings, and decide upon appeals within 30 days of the appeal.

(d) The board shall establish fee schedules for licenses, permits, certificates, and inspections. The fees shall reflect the actual costs and expenses to conduct the duties as described in this chapter. All fees collected by the administrator pursuant to this chapter shall be remitted to the Elevator Safety Review Board Operational Fund in the State Treasury to the credit of the board for its operation and for the operation of the Department of Labor. Any funds appropriated for the operation of the board that are not needed for current operations as determined by the administrator and within the appropriation ceiling of the board may be used for operation of the department. All fees collected in the Elevator Safety Review Board Operational Fund above the appropriated amount shall be transferred to the State General Fund within one quarter after the end of each fiscal year.

(e) In addition, the administrator may transfer unused funds in the Elevator Safety Review Board Operational Fund to the State General Fund.
Ala. Code § 25-9-8 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-8
Section 25-9-8 Certificate of Competency for Fire Bosses and Mine Foremen - Required
Status: in_force

(a) Except as otherwise provided in this chapter, no person shall act as fire boss in any coal mine in this state unless he is in possession of a certificate of competency.

(b) No person shall be employed as mine foreman in any coal mine in this state unless he is in possession of a certificate of competency as provided for in this article.
Ala. Code § 25-9-82 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-82
Section 25-9-82 Standards and Procedures as to Gases and Air Quality
Status: in_force

(a) Air in which men work or travel must promptly be improved if it contains less than 19.5 percent oxygen, more than one percent carbon dioxide, or is contaminated with noxious or poisonous gases.

(b) If the air immediately returning from a split that ventilates any active workings contains more than one percent methane or more, the ventilation shall be improved, and, if it contains 1.5 percent or more of methane, the power shall be cut off from the portion of the mine affected, and the employees shall be required to withdraw until ventilation is improved.

(c) Face work must be stopped, power to face equipment cut off, and the employees ordered and required to withdraw until ventilation is improved, whenever one percent or more of methane can be detected on an approved type methane detector or whenever gas can be detected on a permissible flame safety lamp at any point not less than 12 inches from the roof, face, or rib. This does not apply to other faces in the entry or slope in which work can be safely continued.

(d) When entries or faces are stopped on account of gas for ventilation to be improved, only employees designated to work on improving the ventilation under competent direction may be permitted in the affected area. Power shall not be restored until ventilation is improved.
Ala. Code § 25-9-87 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-87
Section 25-9-87 Use of Flame Safety Lamps
Status: in_force

(a) All flame safety lamps used for examining coal mines or for working therein shall be permissible. When not in use, they shall be in the care of certified officials or other competent designated persons who shall disassemble, examine, clean, fill, and deliver them, locked and in safe condition, to their users before they enter the mine. Flame safety lamps shall not be unlocked or disassembled inside any coal mine.

(b) At least two permissible flame safety lamps shall be kept in serviceable condition at each coal mine. Not less than 25 percent of those in use or one, whichever is greater, shall be kept in reserve at each mine for use in emergency.

(c) Permissible flame safety lamps shall be entrusted for use only to certified persons or to approved competent persons who have been accredited as users of flame safety lamps as required in this chapter.

(d) Every person who knows his flame safety lamp to be injured or defective shall immediately extinguish it and promptly report its condition to his supervisor, the mine foreman, or to the designated lamp attendant. Defective lamps must be kept separate from others until repaired.
Ala. Code § 25-9-42 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-42
Section 25-9-42 Shafts, Mine Openings, and Escapeways
Status: in_force

(a) New shafts and partitions therein, made after August 12, 1949, shall be fireproof.

(b) Mine openings, where there is danger of fire entering the mine, shall have adequate protection against surface fires or dangerous volumes of smoke entering the mine.

(c) There shall be at least two travelable passageways out of each section of each mine, one of which may be the haulage road.

(d) Escapeways shall be equipped with stairways, ladders, or cleated walkways when needed, installed in such manner that men using them in emergencies may do so quickly and without undue hazard. Direction signs shall be posted conspicuously to indicate manways and designated escapeways.
Ala. Code § 25-7-51 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-51
Section 25-7-51 Oath and Consent of Members; Secretary; Notice of Board Proceedings; Powers of Board as to Witnesses
Status: in_force

Before entering upon his duties, each arbitrator so selected shall sign a consent to act and take and subscribe an oath to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be filed in the office of the clerk of the circuit court of the county or counties where the controversy arose. When such board is ready for the transaction of business, it shall select one of its members to act as secretary, and notice of the time, place, and hearing shall be given to the parties to the controversy. The local board may, through its chairman, subpoena witnesses, compel their attendance, and take and hear testimony as is provided in Section 25-7-4 for the board of mediation.
Ala. Code § 25-9-86 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-86
Section 25-9-86 Examinations for Gases and Other Dangerous Conditions
Status: in_force

(a) Operators of mines are required to employ one or more certified fire bosses and to have a preshift examination made. The duties of the fire boss are to examine for dangerous conditions all manways, slopes, and entries used by men in traveling to and from work and to examine for gas and other dangerous conditions all working places, adjoining abandoned places, and accessible pillar falls for accumulation of gas. The fire boss will ascertain that the air is traveling in its proper course and that all ventilation appliances are in good condition and working effectively. The fire boss will indicate his examination of working and abandoned places, pillar falls, and ventilating appliances by marking his initial and the date conspicuously in or on such places.

(b) Whenever gas is detected or danger exists to men entering any place, the fire boss shall leave at each entrance to the place a conspicuous DANGER sign.

(c) Examination of the first working place in mines shall take place not more than three hours before the men are permitted to enter the mine or to pass a designated station underground.

(d) The fire boss shall meet the oncoming shift at the point or station designated and inform each man as to the condition of his working place or the place in which his machine is parked. Each face boss and direct supervisor shall be informed by the fire boss as to the condition of all places under his direction or control. When man trip schedules or other compelling factors make it impractical for the fire boss to check each man, the fire boss will furnish to responsible supervisors written signed reports of his inspection and these supervisors will be responsible for informing each man as to the condition of his working place.

(e) In multiple shift operations, certified supervisors may be used to make the fire boss examination for the next or succeeding shift. Responsible supervisors of the next or succeeding shift may be used to inform each man as to the condition of his working place and may be held responsible, provided the certified supervisors who made the examination furnish a written, signed report as to condition of each working place.

(f) The fire boss shall record the results of his inspection in ink or indelible pencil in a book kept on the surface for that purpose. Similar records may be kept at designated stations or offices underground. This book shall be countersigned daily by the mine foreman. The mine superintendent or his assistant shall also read and countersign the reports.

(g) Idle and abandoned parts of any mine shall be examined by a certified person immediately before employees are permitted to enter or work in such areas.

(h) Examination for gas and other dangerous conditions shall be made by a certified official or approved competent person before taking loading or cutting machines in by the open breakthrough nearest the face or before applying power to machinery that remains at or near the face at not more than 20-minute intervals during cutting, drilling, or mechanical loading, before drilling with electric drills, before blasting, after blasting, and before other work is resumed and at such other times as may be necessary or designated by the operator or mine inspector for adequate safety.

(i) All persons underground shall use only permissible electric cap lamps for portable illumination that is worn on the person. This does not preclude the use of other types of permissible electric lamps, permissible flashlights, permissible safety lamps, or any other portable illumination classed as permissible.

(j) Open cap lights and smoking and smokers’ articles, including matches, are prohibited in underground mines.
Ala. Code § 25-7-35 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-35
Section 25-7-35 Right of Action for Damages for Denial of Employment in Violation of Provisions of Article
Status: in_force

Any person who may be denied employment or be deprived of continuation of his employment in violation of Sections 25-7-32, 25-7-33, or 25-7-34 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him by appropriate action in the courts of this state such damages as he may have sustained by reason of such denial or deprivation of employment.
Ala. Code § 25-17-6 — Alabama Code / Title 25 / Chapter 17 / Section 25-17-6
Section 25-17-6
Status: in_force

(a) The Renewing Coal-Impacted Communities Act Fund is created within the State Treasury to provide grant funds to local development organizations for the purpose of improving economic and workforce development in coal-impacted communities. The fund shall be administered by the department and shall be comprised of revenues received from rent and royalties derived from federal coal lease sales in the state beginning after January 1, 2027, or allocated by the Legislature from other funds for the purposes of this chapter. Amounts deposited into the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12. All funds received into the fund shall remain in the fund and not revert or be expended for any other purposes other than those set out in this chapter.

(b) The department may retain up to 10 percent of the total funds allocated for the Coal-Impacted Communities Economic and Workforce Development Grant Program for actual expenses relating to administering the program and conducting financial audits. Members of the advisory committee shall serve without compensation but may be reimbursed for expenses incurred for the performance of official advisory committee duties, including expenses incurred in attending meetings or otherwise conducting advisory committee business. Reimbursement shall be made in accordance with the per diem and travel expense rates authorized for state officers and employees under applicable state law and any rules or policies adopted pursuant thereto.
Ala. Code § 25-10-6 — Alabama Code / Title 25 / Chapter 10 / Section 25-10-6
Section 25-10-6 Advisory Council
Status: in_force

There is hereby created an advisory council to the department to be composed of representatives of designated small business enterprises to be named as follows: Five by the Governor, two each by the President of the Senate and the Speaker of the House of Representatives, and one by the secretary of the department to serve ex officio as chairman of the council. The members of the council shall serve without compensation but may be reimbursed for travel and other necessary expenses out of any funds appropriated to the department. The council shall meet at least quarterly or more often when necessary at the call of the chairman in consultation with the secretary of the department, who shall also serve without additional compensation as executive director of the council.
Ala. Code § 25-16-6 — Alabama Code / Title 25 / Chapter 16 / Section 25-16-6
Section 25-16-6 Duties of Director
Status: in_force

The duties of the Director of the STEM Council, with guidance from the council and the Chief Workforce Officer, shall include all of the following: (1) Revise, as needed, and oversee the implementation of the state STEM strategic plan, working in concert with the Alabama Workforce Board’s State Strategic Plan. (2) Serve as the primary point of contact for communicating with state and national STEM organizations. (3) Coordinate communication efforts to increase STEM awareness, illustrate the value of STEM learning, and highlight STEM careers across the state. (4) Develop and implement the Governor’s STEM “Seal of Approval,” using an evidence-based rubric to recognize individual programs or periodic events that advance STEM principles and learning across the state. (5) Develop, implement, and maintain a digital registry of evidence-based and effective STEM instructional and professional learning strategies including summer, after-school, and out-of-school programs, project-based lesson plans, inquiry driven modules, and professional learning opportunities. (6) In collaboration with the Alabama Commission on the Evaluation of Services, conduct comprehensive, external evaluations, as needed or requested, of STEM-based curricula and educational initiatives that receive funding from the Education Trust Fund, beginning with the Alabama Math, Science, and Technology Initiative; Technology in Motion; Office of Mathematics Improvement; and the Alabama Science in Motion programs. Assessment rubrics should incorporate criteria relevant to the goals and outcomes of each initiative including, but not limited to, the impact on learning, effectiveness of human capital and organizational performance, cost per participant, fidelity of implementation, equitable access, the potential for engendering interest and engagement in STEM activities, and other criteria. (7) Develop continuous improvement plans for the Alabama Math, Science, and Technology Initiative; Technology in Motion; Office of Mathematics Improvement; and the Alabama Science in Motion programs based on the data gathered from the external evaluations. (8) In collaboration with the Alabama Commission on the Evaluation of Services, conduct comprehensive evaluations, as needed or requested, of state preservice preparation and in-service programs for educators teaching STEM subjects, including both traditional and alternate pathways. (9) Expand opportunities for STEM career exploration and discovery, especially among groups that are under-represented in STEM professions. (10) Collaborate with the Alabama Commission on Higher Education, the State Board of Education, and the deans of two-year and four-year institutions of higher education to develop and enact an effective plan to encourage and support an increase in the number of college students choosing a STEM teaching career. (11) In collaboration with the Alabama Commission on the Evaluation of Services and the Office of Education and Workforce Statistics, collect, aggregate, and analyze relevant STEM data to track progress against the state STEM strategic plan, including data from the Alabama Terminal on Linking and Analyzing Statistics (ATLAS) on career pathways, state agencies, including student STEM enrollment, learning, and achievement data, STEM labor market information, and measures of both STEM and STEM career awareness, attitudes, and perceptions from learners across the education and workforce continuum. (12) Collaborate with business and industry in the state to determine current and future STEM workforce needs. (13) Promote in-demand Alabama STEM careers, aligning them with viable educational opportunities. (14) Provide an annual report on progress toward implementing the state STEM strategic plan, with recommendations for improvement, to all of the following: a. The Governor. b. The Lieutenant Governor. c. The Secretary of Workforce. d. The State Workforce Board. e. The Speaker of the House of Representatives. f. The President Pro Tempore of the Senate. g. The Chairs of the Senate Finance and Taxation Education and House Ways and Means Education Committees. h. The State Superintendent of Education. i. The Chancellor of the Alabama Community College System. j. The Executive Director of the Alabama Commission on Higher Education. (15) Perform other tasks as requested by the Governor, the Secretary of Workforce, and the Legislature.

(1) Revise, as needed, and oversee the implementation of the state STEM strategic plan, working in concert with the Alabama Workforce Board’s State Strategic Plan.

(2) Serve as the primary point of contact for communicating with state and national STEM organizations.

(3) Coordinate communication efforts to increase STEM awareness, illustrate the value of STEM learning, and highlight STEM careers across the state.

(4) Develop and implement the Governor’s STEM “Seal of Approval,” using an evidence-based rubric to recognize individual programs or periodic events that advance STEM principles and learning across the state.

(5) Develop, implement, and maintain a digital registry of evidence-based and effective STEM instructional and professional learning strategies including summer, after-school, and out-of-school programs, project-based lesson plans, inquiry driven modules, and professional learning opportunities.

(6) In collaboration with the Alabama Commission on the Evaluation of Services, conduct comprehensive, external evaluations, as needed or requested, of STEM-based curricula and educational initiatives that receive funding from the Education Trust Fund, beginning with the Alabama Math, Science, and Technology Initiative; Technology in Motion; Office of Mathematics Improvement; and the Alabama Science in Motion programs. Assessment rubrics should incorporate criteria relevant to the goals and outcomes of each initiative including, but not limited to, the impact on learning, effectiveness of human capital and organizational performance, cost per participant, fidelity of implementation, equitable access, the potential for engendering interest and engagement in STEM activities, and other criteria.

(7) Develop continuous improvement plans for the Alabama Math, Science, and Technology Initiative; Technology in Motion; Office of Mathematics Improvement; and the Alabama Science in Motion programs based on the data gathered from the external evaluations.

(8) In collaboration with the Alabama Commission on the Evaluation of Services, conduct comprehensive evaluations, as needed or requested, of state preservice preparation and in-service programs for educators teaching STEM subjects, including both traditional and alternate pathways.

(9) Expand opportunities for STEM career exploration and discovery, especially among groups that are under-represented in STEM professions.

(10) Collaborate with the Alabama Commission on Higher Education, the State Board of Education, and the deans of two-year and four-year institutions of higher education to develop and enact an effective plan to encourage and support an increase in the number of college students choosing a STEM teaching career.

(11) In collaboration with the Alabama Commission on the Evaluation of Services and the Office of Education and Workforce Statistics, collect, aggregate, and analyze relevant STEM data to track progress against the state STEM strategic plan, including data from the Alabama Terminal on Linking and Analyzing Statistics (ATLAS) on career pathways, state agencies, including student STEM enrollment, learning, and achievement data, STEM labor market information, and measures of both STEM and STEM career awareness, attitudes, and perceptions from learners across the education and workforce continuum.

(12) Collaborate with business and industry in the state to determine current and future STEM workforce needs. (13) Promote in-demand Alabama STEM careers, aligning them with viable educational opportunities. (14) Provide an annual report on progress toward implementing the state STEM strategic plan, with recommendations for improvement, to all of the following: a. The Governor. b. The Lieutenant Governor. c. The Secretary of Workforce. d. The State Workforce Board. e. The Speaker of the House of Representatives. f. The President Pro Tempore of the Senate. g. The Chairs of the Senate Finance and Taxation Education and House Ways and Means Education Committees. h. The State Superintendent of Education. i. The Chancellor of the Alabama Community College System. j. The Executive Director of the Alabama Commission on Higher Education. (15) Perform other tasks as requested by the Governor, the Secretary of Workforce, and the Legislature.

(13) Promote in-demand Alabama STEM careers, aligning them with viable educational opportunities.

(14) Provide an annual report on progress toward implementing the state STEM strategic plan, with recommendations for improvement, to all of the following:

a. The Governor.

b. The Lieutenant Governor.

c. The Secretary of Workforce.

d. The State Workforce Board.

e. The Speaker of the House of Representatives.

f. The President Pro Tempore of the Senate.

g. The Chairs of the Senate Finance and Taxation Education and House Ways and Means Education Committees.

h. The State Superintendent of Education.

i. The Chancellor of the Alabama Community College System.

j. The Executive Director of the Alabama Commission on Higher Education.

(15) Perform other tasks as requested by the Governor, the Secretary of Workforce, and the Legislature.
Ala. Code § 25-5-273 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-273
Section 25-5-273 Applicability
Status: in_force

This article shall not apply to employers who are approved to self-insure against liability for workers’ compensation or group self-insurance funds for workers’ compensation established pursuant to this chapter.
Ala. Code § 25-5-53 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-53
Section 25-5-53 Rights and Remedies of Employees, Etc., Exclusive; Civil and Criminal Liability of Employers, Etc
Status: in_force

The rights and remedies granted in this chapter to an employee shall exclude all other rights and remedies of the employee, his or her personal representative, parent, dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss of services, or death. Except as provided in this chapter, no employer shall be held civilly liable for personal injury to or death of the employer’s employee, for purposes of this chapter, whose injury or death is due to an accident or to an occupational disease while engaged in the service or business of the employer, the cause of which accident or occupational disease originates in the employment. In addition, immunity from civil liability for all causes of action except those based upon willful conduct shall also extend to the workers’ compensation insurance carrier of the employer; to a person, firm, association, trust, fund, or corporation responsible for servicing and payment of workers’ compensation claims for the employer; to an officer, director, agent, or employee of the carrier, person, firm, association, trust, fund, or corporation; to a labor union, an official, or representative thereof; to a governmental agency providing occupational safety and health services, or an employee of the agency; and to an officer, director, agent, or employee of the same employer, or his or her personal representative. Nothing in this section shall be construed to relieve a person from criminal prosecution for failure or neglect to perform a duty imposed by law.

For the purpose of this section, a carrier, person, firm, association, trust, fund, or corporation shall include a company or a governmental agency making a safety inspection on behalf of a self-insured employer or its employees and an officer, director, agent, or employee of the company or a governmental agency.
Ala. Code § 25-5-32 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-32
Section 25-5-32 Excluded Defenses
Status: in_force

In all cases brought under this article, it shall not be a defense:

(1) That the employee was negligent, unless and except it shall also appear that such negligence was wilful or that such employee was guilty of wilful misconduct as defined in Section 25-5-51.

(2) That the injury was caused by the negligence of a fellow employee.

(3) That the employee had assumed the risks inherent in or incidental to the work, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.
Ala. Code § 25-4-4 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-4
Section 25-4-4 Calendar Quarter; Fiscal Year
Status: in_force

(a) “Calendar quarter,” as used in this chapter, means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, except as the secretary shall by regulation otherwise prescribe.

(b) “Fiscal year,” as used in this chapter, shall mean the 12 consecutive month period beginning October 1 of each calendar year for employers who make payments in lieu of contributions to the fund. For contributory employers, “fiscal year,” as used in this chapter, shall mean the 12 consecutive month period beginning July 1 of each calendar year beginning January 1, 1996 and thereafter.
Ala. Code § 25-9-170 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-170
Section 25-9-170 Transformers, Conversion Equipment, Etc
Status: in_force

(a) All surface transformers, unless of “dead front” construction or if installed at least eight feet above ground, shall be enclosed in a house or surrounded by a fence at least six feet high. If the enclosure is of metal, it shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times unless authorized persons are present.

(b) Underground transformers installed after August 12, 1949, shall be aircooled or nonflammable liquid cooled.

(c) Underground stations containing transformers or circuit breakers filled with inflammable oil shall be provided with door sills or their equivalent which will confine the oil if leakage or explosion occurs, and shall be of fireproof construction.

(d) Transformers shall be provided with automatic cutouts.

(e) All underground transformers or conversion equipment, whether permanent or portable, shall be kept in housings of fireproof construction; provided, that equipment designed and constructed to be fireproof is exempted from this requirement.

(f) The operator of every mine where permanent transformers or conversion equipment is installed underground shall designate or cause to be designated on the map provided for by law the locations of transformer and conversion equipment stations.

(g) “Danger - High Voltage” signs shall be posted conspicuously on all transformer enclosures, high-potential switchboards, and other high-potential installations.
Ala. Code § 25-9-152 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-152
Section 25-9-152 Use, Storage, Etc., of Oil, Grease, and Lubricants; Fire Extinguishing Equipment
Status: in_force

(a) Oiling or greasing of mine cars inside coal mines is permitted only when the work and storage areas are kept reasonably clean at all times. Storage of oil or grease for this purpose is limited to three barrels, and must be in a fireproof compartment connecting with return airway direct to the surface and without contacting active workings.

(b) Lubricants for use in underground shops must be kept in approved portable containers, kept securely closed when not in use and are not to exceed a one day’s supply; provided, that more than a one day’s supply may be stored underground in reasonable quantities if stored in a fireproof compartment connecting with return airway to the surface and without contacting active workings.

(c) Lubricants for use in sections using mechanical equipment must be kept in approved portable containers, kept securely closed when not in use in minimum quantities required for operations, not exceeding 48 hours.

(d) All points at which lubricants are used, kept, or stored shall be kept reasonably clean and free of avoidable spillage.

(e) Five hundred pounds of rock dust or sand or a 2A 10-B:C fire extinguisher shall be kept convenient to each oil or grease storage area in mines.

(f) Two hundred pounds of rock dust or sand or a fire extinguisher suitable for use in Class A fires will be kept convenient to each set of doors used for ventilation in mines.

(g) Five hundred pounds of rock dust or sand or a 2A 10-B:C fire extinguisher shall be kept convenient to each station or room containing mine transformers, rectifiers, motor generator sets, battery chargers, permanent pump, or air compressor control rooms and such other stationary and permanent or semipermanent equipment as may be classed by the chief of the division as a serious hazard in event of fire.
Ala. Code § 25-8-37 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-37
Section 25-8-37 Employment During Schools Hours; Employment of Persons 14 or 15 Years of Age Upon Waiver of School Attendance
Status: in_force

(a) No person under 16 years of age shall be employed, permitted, or suffered to work in any occupation during the hours in which the public schools of the district in which the person resides are in session, unless the minor has completed the course of study required for secondary schools. Persons 14 or 15 years of age, when school attendance has been waived, upon recommendation of the local superintendent of education and approval by a child labor inspector, may be permitted to work in a nonhazardous occupation.

(b) Employment authorized by this section shall not be for more than eight hours in any one day, or for more than 40 hours in any one week, or for more than six days in any one week, and not before 7:00 a.m. or after 9:00 p.m.
Ala. Code § 25-8-40 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-40
Section 25-8-40 Restrictions for Minors Engaging in Street or Public Place Occupations
Status: in_force

(a) No person under 16 years of age shall engage in any of the occupations mentioned in Section 25-8-39 after 7:00 p.m. or before 5:00 a.m. of any day.

(b) No person, entity, franchise, corporation, or division of a corporation shall employ, permit, or suffer a minor under 16 years of age to work at any of the occupations mentioned in Section 25-8-39 after 7:00 p.m. or before 5:00 a.m. of any day.
Ala. Code § 25-5-200 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-200
Section 25-5-200 Presumptions and Burden of Proof as to Right to Compensation
Status: in_force

There shall be no presumption that disablement or death from any cause or infirmity is the result of occupational exposure to radiation, nor that occupational exposure to radiation will result in disablement or death, and any person claiming compensation or other benefits under this article shall have the burden of establishing that he is entitled to such.
Ala. Code § 25-5-330 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-330
Section 25-5-330 Legislative Intent
Status: in_force

It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
Ala. Code § 25-9-365 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-365
Section 25-9-365 Inspectors May Order Suspension of Mine Operations for Violations Imminently Hazardous to Workmen
Status: in_force

Any mine inspector shall have the authority to order suspension of operations of a coal mine or pit or any part thereof when violations of this chapter are of such gravity as to be or become imminently hazardous to workmen therein. Upon correction of such hazardous conditions, the mine or part thereof may resume operations.
Ala. Code § 25-9-360 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-360
Section 25-9-360 Suspension of Compliance with Chapter; Compliance with and Enforcement of Chapter Generally
Status: in_force

(a) Whenever any equipment or supplies required by this chapter, including rock-dusting machines, flame safety lamps, and permissible electric equipment are unobtainable, compliance with the requirements of this chapter with respect thereto is suspended to the extent that such items remain unobtainable until they are obtainable. Due allowance shall also be made for planning, institution of change procedures, and installation of new equipment.

(b) Compliance with the requirements of this chapter shall be started promptly and prosecuted diligently until the provisions of the chapter have been fulfilled.
Ala. Code § 25-4-58 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-58
Section 25-4-58 Payment of Interest on Moneys Advanced by Federal Government - Disposition of Moneys in Fund When Assessment Discontinued
Status: in_force

When payment of assessments have been discontinued under the provisions of Section 25-4-57, and all obligations of the secretary for interest on advances have been met, all remaining moneys in the Special Interest Payment Fund shall remain in this fund until such time as the balance in the Unemployment Trust Fund equals at least 26 times the average weekly payment made from the Unemployment Trust Fund during the immediately preceding fiscal year as defined in Section 25-4-4(b). Thereafter the secretary may on the immediately succeeding April 1 transfer any balances to the trust fund but in no event shall unexpended assessments remain in the special fund when the trust fund equals or exceeds 50 percent of the minimum normal amount on the preceding October 1, and may thereafter be expended only in such manner and for such purposes as other moneys in the fund may be expended.
Ala. Code § 25-4-40.1 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-40.1
Section 25-4-40.1 Employment Security Enhancement Fund
Status: in_force

(a) Retroactive to April 1, 1992, there is hereby placed upon all wages so defined in Section 25-4-16, paid to employees by employers subject to pay contributions as provided in Sections 25-4-51 and 25-4-54, except as is hereinafter provided in this section, a special assessment of 0.06 percent (six one-hundredths of one percent) of such wages. This assessment shall not apply to wages paid during any calendar quarter of any calendar year by any employer whose rate of contribution has been computed under the provisions of Section 25-4-54 to be at least 5.40 percent but not more than 5.45 percent for such calendar year, to any employer who for such calendar year has elected to make payments in lieu of contributions pursuant to Section 25-4-51, nor to any employer who has not had sufficient unemployment experience to qualify for a rate determination under Section 25-4-54 for such calendar year.

(1) Assessments under this section shall become due and payable at the end of each calendar quarter which begins after March 31, 1992, and shall be paid in accordance with regulations as may be prescribed by the secretary at the same time and in the same manner as employers are required by this chapter to file reports and pay contributions and shall not be deducted, in whole or in part, from any remuneration of individuals in the employ of the employer.

(2) The provisions of Sections 25-4-132 and 25-4-133, relating to the assessment of interest and penalties for delinquent reporting or payments and the procedures for the collection of delinquent reports and payments shall apply to the assessment prescribed by this section. Any interest or penalty so assessed and collected shall be deposited or transferred to the Special Employment Security Administration Fund provided for in subsection (b) of Section 25-4-142.

(3) All moneys collected as assessments pursuant to this section shall be promptly deposited in the clearing account of the Unemployment Compensation Fund only for the purpose of transfer and, as soon as practicable to do so, shall be transferred into the Employment Security Enhancement Fund in the State Treasury.

(b) There is hereby created in the State Treasury a special fund, to be known as the Employment Security Enhancement Fund, into which shall be deposited or transferred all funds collected retroactive to April 1, 1992, pursuant to the assessment made by Section 25-4-32. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury. All moneys in this fund shall be continuously available to the secretary for expenditure in accordance with this chapter, and shall not lapse at any time. These funds shall not be expended or made available for expenditure in any manner which would permit their substitution for federal funds, which would, in the absence of the moneys, be available to finance expenditures for the administration of the state unemployment compensation and employment service laws.

(c) The moneys in the Employment Security Enhancement Fund are authorized and are hereby appropriated for use by the secretary as follows:

(1) Special claimant assistance program.

a. Moneys in this fund may be expended to supplement basic employment security services with special job search and job placement assistance designed to assist unemployment compensation claimants obtain employment.

b. The secretary shall appoint an overview committee consisting of five members and composed of the Director of Employment Service, the Director of Unemployment Compensation, and the Director of the Labor Market Information Division of the department, one member representing employers and selected by the Business Council of Alabama (or successor organization), and one member selected to represent employees by the Alabama Labor Council (or successor organization). The committee members shall be selected as soon after approval of this amendment as is practicable.

c. The duties of the overview committee shall include the initial planning of the claimant assistance program as to content and procedures, the determination of standards, criteria, statistical requirements, and reporting needs, monitoring the progress of the program, and measuring the results and making recommendations to the secretary.

d. All members of this committee shall serve without remuneration, however, shall be reimbursed for any and all necessary expenses incurred during the performance of their duties in the same manner and under the same regulations as apply to state employees. Such expenses are to be paid from the Employment Security Enhancement Fund.

(2) General administration and enhancement of employment security. Necessary and appropriate costs of employment security enhancements, not in conflict with the foregoing or state or federal laws, rules, or regulations, may be paid from this fund at the discretion of the secretary.

(3) The costs of the collection of revenues, for the maintenance of the fund and the repayment of advances to the fund from other sources shall be paid from this fund.

(4) The secretary shall submit a special report at the end of each calendar year to the Governor, Lieutenant Governor, and the Speaker of the House of Representatives giving an accounting of collections and expenditures, and an assessment of the success of programs funded from this source.

(d) Any interest earned on money in this special fund shall accrue to the Employment Security Enhancement Fund.

(e) In the event there is a cessation of the activities and purposes of the programs to be funded by moneys from this fund, all remaining moneys in the Employment Security Enhancement Fund, within 90 calendar days after all outstanding obligations of the secretary related to this fund have been fulfilled, shall be transferred into the state’s Unemployment Compensation Trust Fund on deposit with the U.S. Treasury.
Ala. Code § 25-9-15 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-15
Section 25-9-15 Certificate of Competency for Fire Bosses and Mine Foremen - Suspension, Cancellation, or Revocation; Voluntary Surrender of Certificate
Status: in_force

(a) The board may issue an official written reprimand of any person certified under this chapter as a disciplinary measure for a first violation of any requirement of this chapter.

(b) In addition, for any subsequent violation or for any serious first violation, the certificate of any person may be cancelled or revoked by the board of examiners, whenever it shall be established to the satisfaction of the board that the holder of the certificate has become unworthy of official endorsement by reason of violation of this chapter, intemperate habits, manifest incapacity, abuse of authority, or for other causes satisfactory to the board. Any person against whom charges are made shall have an opportunity to be heard in his or her own behalf. He or she shall have at least 30 days’ notice in writing of the charges by the ex officio chairman, and, if the holder of a certificate is convicted on the hearing of the charge of violating any part of this chapter, his or her certificate shall be revoked by the board. The director, after a thorough investigation, may suspend the holder pending a meeting of the board of examiners and its final action.

(c) In addition to the reasons specified in subsection (b) for revocation of a certificate, a certificate holder may voluntarily surrender his or her certificate upon written request to the board for any reason acceptable to the board, and subsequent approval by the board. Pursuant to administrative rule, the board shall specify those reasons that are acceptable to the board for the voluntary surrender of a certificate.
Ala. Code § 25-7-52 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-52
Section 25-7-52 Compensation of Members
Status: in_force

Each member of such local board shall receive as compensation for his services, $4.00 for each day actually engaged in such hearing.
Ala. Code § 25-8-47 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-47
Section 25-8-47 Work Permits - Application; Required Papers; Officer Authorized to Administer Oaths for Affidavits
Status: reserved

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.
Ala. Code § 25-13-25 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-25
Section 25-13-25 Relation to Other Laws, Etc
Status: in_force

Whenever a provision in this chapter is found to be inconsistent with any provision of applicable state law, any rule or regulation promulgated thereunder, or any code, the applicable state law shall prevail. This chapter, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law.
Ala. Code § 25-5-203 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-203
Section 25-5-203 Applicability of Other Provisions of Chapter to Article
Status: in_force

All of the provisions of Articles 1, 2, 3, and 8 of this chapter, except Section 25-5-78, shall be applicable to this article, unless otherwise provided or inconsistent herewith.
Ala. Code § 25-5-339 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-339
Section 25-5-339 Confidentiality of Information
Status: in_force

(a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in subsection (c).

(b) Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form shall contain at a minimum all of the following:

(1) The name of the person who is authorized to obtain the information.

(2) The purpose of the disclosure.

(3) The precise information to be disclosed.

(4) The duration of the consent.

(5) The signature of the person authorizing release of the information.

(c) Information on test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in the criminal proceeding.

(d) Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when consulting with legal counsel when the information is relevant to its defense in a civil or administrative matter.
Ala. Code § 25-5-91 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-91
Section 25-5-91 Forwarding of Copy of Judgment, Etc., to Probate Court; Creation of Judgment Lien
Status: in_force

Whenever any decision or order is made and filed by the court upon any matter arising under this article, the clerk of the court shall forthwith make and forward to the judge of probate of the county in which the complaint was filed a certified copy of such decision or order with any memorandum of the judge and of any judgment entered. No fee or other charge shall be collected therefor. The plaintiff or owner of any judgment so certified may have the same registered by the probate judge upon the payment of the fee fixed by law for registering judgments, and the same shall become a lien in like manner as other registered judgments, unless the same is made a preferred lien by other provisions of some law.
Ala. Code § 25-9-1 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-1
Section 25-9-1 Short Title; Purpose of Chapter
Status: in_force

This chapter shall be known as the “Alabama Coal Mine Safety Law of 1975.” The purpose of this chapter is to provide reasonable laws to promote the safety and health of those engaged in the mining of coal and for the protection and preservation of property.
Ala. Code § 25-4-33 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-33
Section 25-4-33 Overpayments
Status: in_force

All unemployment compensation overpayment monies collected under the provisions of Sections 25-4-72 and 40-18-100 shall be deposited into the Unemployment Compensation Trust Fund.
Ala. Code § 25-7-11 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-11
Section 25-7-11 Use or Threats of Use of Force, Etc., to Secure or Prevent Attendance at Strike Votes or to Influence Votes
Status: in_force

It shall be unlawful for any person at any time or place, by force or the threat of force, to seek to secure or prevent attendance at any meeting or voting place at which any strike vote is taken, or to influence the vote of such employee at such meeting or voting place by the use of force, coercion or intimidation or by threat of force or coercion or by the offering of a reward or the threat of loss of employment or membership in a labor organization. Any person using such force, coercion or threats or offering of rewards or withholding of membership from labor organizations or any person encouraging, aiding or abetting in such prohibited conduct shall be guilty of a misdemeanor.
Ala. Code § 25-8-59 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-59
Section 25-8-59 Penalties; Notice of Violation and Opportunity to Show Cause; Hearing. (Amended by Act 2026-539)
Status: in_force

AMENDED BY ACT 2026-539, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Any employer who violates this chapter, or who fails or refuses to obey within a reasonable time any lawful order or direction given by the state officials charged with the enforcement of this chapter, and any parent, guardian, or custodian who suffers or permits an individual under his or her care or control who is under 19 years of age to work in violation of this chapter, shall be subject to civil penalties in addition to other penalties provided in this chapter.

(b) The department may impose a civil penalty of not less than three hundred dollars ($300) upon a determination that an employer has violated a statutory provision of Section 25-8-35(a)(17), 25-8-36, 25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57, 25-8-60, or 25-8-61.

(c) The department shall impose a civil penalty of five thousand dollars ($5,000) to ten thousand dollars ($10,000) upon a determination that an employer has violated a statutory provision of Section 25-8-33, 25-8-35(a)(1) through 25-8-35(a)(16), 25-8-43(a), or 25-8-44(d).

(d) In determining the number of violations committed by an employer, the department may assess a separate civil penalty for each individual employee affected by the employer’s violation.

(e) In addition, the department may assess more than one civil penalty against an employer with respect to the same adversely affected employee if the employer has violated more than one statutory provision of this chapter.

(f) The employer shall be notified of a civil penalty assessment by the Notice of Violation and Opportunity to Show Cause which shall be sent to the employer.

(g) The Notice of Violation and Opportunity to Show Cause shall provide all of the following:

(1) The total civil penalty assessed.

(2) The right of the employer to request in writing a hearing to show cause why the civil penalty should not be assessed.

(3) An advisement that no hearing shall be granted unless a written request for a hearing is received by the department within 30 days from the date of issue of the notice.

(4) The right of the employer to waive the right to request a hearing and to respond in writing to the notice within 30 days of the issue date of the notice.

(h) Any employer who seeks to contest a civil penalty assessment shall file, within 30 days from the date the Notice of Violation and Opportunity to Show Cause was issued, a written request for an opportunity to be heard which shall clearly state the reasons for the request, including facts to demonstrate that no violation has occurred.

(i) If the secretary or his or her designee determines that the employer has stated adequate facts or legal grounds to warrant a hearing, the secretary or his or her designee shall provide written notice of the hearing to show cause why a civil penalty should not be assessed and shall mail written notice to the employer of the date, time, and place of the hearing. The determination shall be within the discretion of the secretary or his or her designee. The notice shall inform the employer of the employer’s rights in the hearing including the following:

(1) The right to be represented by any person, including an attorney.

(2) The right to present documentary evidence and a written argument in support of the employer’s position.

(j) A request for postponement of a scheduled hearing shall only be granted where the rights of an employer would be substantially prejudiced by the denial of the request or in a medical emergency. Only the secretary or his or her designee has discretion to grant such requests.

(k) Following a hearing or after the employer has waived the right to request a hearing, the secretary or his or her designee may uphold or modify the civil penalty assessment. This determination shall be within the sole discretion of the secretary or his or her designee.

(l) If the employer requests a hearing but the secretary or his or her designee denies the request for a hearing, the total civil penalty assessed in the notice shall be the final civil penalty.

(m) If the employer does not request a hearing or respond in writing to the notice, the total civil penalty assessed in the notice shall be the final civil penalty unless otherwise modified by the secretary or his or her designee.

(n) The department may file an action for the collection of civil penalties imposed pursuant to this section against an employer in the county where the violation occurred.

(o) All monies received from the assessment of any penalty pursuant to this section shall accrue to the State General Fund.

(p) In addition to the civil penalties provided for in subsection (b), an employer who violates this chapter may be deemed guilty of a Class B or Class C misdemeanor. A first conviction shall be deemed a Class C misdemeanor. A second or subsequent conviction shall be deemed a Class B misdemeanor.

(q) In addition to civil penalties provided for in subsection (c), an employer who is found in violation of subsection (c) involving serious physical injury to or death of a minor may be deemed guilty of a Class B felony or Class C felony. A first conviction shall be deemed a Class C felony. A second or subsequent conviction shall be deemed a Class B felony.
Ala. Code § 25-5-194 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-194
Section 25-5-194 Rights and Remedies of Employees, Etc., Under Article Exclusive; Civil and Criminal Liability of Employers, Etc
Status: in_force

The rights and remedies granted in this article shall exclude all other rights and remedies of an employee, his personal representative, parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise on account of occupational exposure to radiation and on account of any injury, disability, loss of service, or death resulting from occupational exposure to radiation. Except as provided in this article, no employer included within the terms of this chapter and no officer, director, agent, servant, or employee of such employer shall be held civilly liable for the occupational exposure to radiation or for injury, disability, loss of service, or death of any employee due to occupational exposure to radiation while engaged in the service or business of the employer, the cause of which occupational exposure to radiation originates in the employment, but nothing in this section shall be construed to relieve any person from criminal prosecution for failure or neglect to perform any duty imposed by law; provided, however, that nothing in this article shall be interpreted so as to deprive an employee or, in case of death, his dependents of any rights or remedies he may have under Articles 2 and 3 of this chapter. The immunity from civil liability shall extend to any workmen’s compensation insurance carrier of such employer and to any officer, director, agent, servant, or employee of such carrier, and such immunity shall further extend to any labor union, or any official or representative thereof, making a safety inspection for the benefit of the employer or its employees.
Ala. Code § 25-13-14 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-14
Section 25-13-14 Registration of Conveyances
Status: in_force

Within six months after the date of the appointment of the board, the owner or lessee of every existing conveyance shall register with the board and the administrator each such elevator, dumbwaiter, platform lift, and escalator, or device described in Section 25-13-1 owned and operated by the owner or lessee, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such additional information as the administrator may require. Elevators, dumbwaiters, platform lifts, escalators, and moving walks, or other conveyances on which construction has begun subsequent to the date of the creation of the board shall be registered at the time they are completed and placed in service.
Ala. Code § 25-11-6 — Alabama Code / Title 25 / Chapter 11 / Section 25-11-6
Section 25-11-6 Quarterly Extracts of Reports to Secretary of Labor
Status: in_force

The State Directory of New Hires shall furnish on a quarterly basis, to the National Directory of New Hires, extracts of the reports required under Section 303(a)(6) of the Social Security Act to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals. The extracts shall be furnished by such dates, in such format, and containing such information as the Secretary of Health and Human Services shall specify in regulations.
Ala. Code § 25-9-273 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-273
Section 25-9-273 Operation, Inspection, and Maintenance of Shovels and Draglines
Status: in_force

(a) Inspection. Shovels and draglines shall be inspected at the beginning of each shift, and such inspection shall include all mechanical equipment. Electrical equipment shall be regularly inspected by a qualified person.

(b) Maintenance. Where mechanical shovels and draglines are used at night, all lights shall be inspected before darkness, defective globes replaced, and defective wiring repaired.

(c) Oiling. Mechanical equipment on shovels and draglines shall not be cleaned or oiled while in motion, except where so designed or modified as to make lubrication while in motion safe.

(d) Steps, etc. All steps, handrails, grab irons, and floors shall be kept free from grease and extraneous material.

(e) Unauthorized person. No unauthorized person shall be allowed on any power shovel or dragline.

(f) Passage of persons. No person shall pass under the boom or bucket of a shovel or dragline while in operation.

(g) Warning. The operator of a shovel or dragline shall sound a warning prior to placing the machine in operation.
Ala. Code § 25-12-20 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-20
Section 25-12-20 Appeal and Review
Status: in_force

(a) Any person aggrieved by an order or an act of the secretary or the chief inspector under this chapter may, within 15 days of notice thereof, appeal from the order or act to the board which, within 30 days thereafter, shall issue an appropriate order either approving or disapproving the order or act. A copy of the order by the board shall be given to all interested parties.

(b) After any order or act of the board, any person aggrieved thereby may file a petition in the Circuit Court of Montgomery County for review pursuant to the Alabama Administrative Procedure Act.
Ala. Code § 25-9-192 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-192
Section 25-9-192 Maintenance of Supply of Timbers or Other Roof Supports
Status: in_force

(a) The operator of each mine shall keep on hand at the mine a sufficient supply of timbers of suitable length and cap pieces to be used as required in timbering underground workings. Timbers and cap pieces in required quantities and lengths as ordered shall be delivered to the working places designated or in cars to the point at which cars are accepted by the miners.

In hand loading mines, the miner shall order timbers and cap pieces at least one day in advance in order to have in his working place a sufficient supply for his needs. He shall place his order with the mine foreman or subordinate supervisor, stating the number and length of timbers needed. In mechanical mining, the mine foreman shall set up a systematic procedure for ordering and supplying of timbers and cap pieces. When timbers are needed in any working place and are not available, no person shall work in that place.

(b) In mines using roof supports other than timber, it shall be the responsibility of the operator to maintain an adequate supply of materials required and to insure their delivery in sufficient quantities to the working places as needed.
Ala. Code § 25-9-64 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-64
Section 25-9-64 Establishment of Mine Rescue Stations
Status: in_force

The Chief of the Division of Safety and Inspection of the Department of Labor shall establish and maintain within the State of Alabama and within said division such mine rescue stations as he may determine necessary to carry out rescue and recovery operations of mine disasters and to comply with federal requirements. The mine rescue stations shall be located as near the center of the mining industry as is practical. The station shall have sufficient room to handle equipment and personnel for at least two teams.
Ala. Code § 25-4-92 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-92
Section 25-4-92 Appeals Tribunals - Appointment; Procedure; When Decisions Final
Status: in_force

(a) To hear and decide disputed claims and other due process cases involving a division of the Department of Labor, the secretary shall appoint one or more impartial appeals tribunals, consisting in each instance of an officer or an employee of the Department of Labor. The appeals tribunals shall be a separate division reporting to the secretary and shall be separate and apart from the direction and control of other divisions of the Department of Labor. No person shall participate in the hearing or disposition of any claim upon appeal thereof as an appeals tribunal, if he has an interest therein. At any such hearing all testimony shall be taken down, but need not be transcribed unless an appeal is applied for or taken.

(b) The manner in which disputed claims before appeals tribunals shall be presented and the conduct of hearings and appeals before appeals tribunals shall be in accordance with regulations prescribed by the secretary for determining the rights of the parties.

(c) The decision of an appeals tribunal shall become final 15 days after notice of such decision has been mailed, postage prepaid, to the claimant and other parties to the proceedings, at the addresses furnished, or, if none shall have been furnished, at their last known addresses, unless within that time application be made to the board of appeals for permission to appeal to the board of appeals.
Ala. Code § 25-9-70 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-70
Section 25-9-70 Crews to Be Informed of Existing Conditions; Applicability of Federal Regulations; Assignments by Chief
Status: in_force

(a) During recovery work and prior to entering any mine, all recovery crews shall be properly informed of existing conditions.

(b) Mine rescue and recovery work shall be carried out under provisions of the applicable federal regulations.

(c) The chief may assign rescue and recovery work to inspectors, instructors, or other qualified employees of said division as the chief may determine desirable.
Ala. Code § 25-4-120 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-120
Section 25-4-120 Reciprocal Arrangements with State and Federal Agencies
Status: in_force

(a) Interstate benefit payments. The secretary is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby potential rights to benefits under this chapter may constitute the basis for payment of benefits by another state or the federal government, and potential rights to benefits accumulated under the law of another state or the federal government may constitute the basis for the payment of benefits by this state. Such benefits shall be paid under such provisions of the law of the state wherein the wages, upon the basis of which such benefits are determined, were issued. No such arrangement shall be entered into unless it contains provision for reimbursement to the fund for such benefits as are paid on the basis of wages and service subject to the law of another state or the federal government, and provision for reimbursement from the fund for such benefits as are paid by another state or the federal government on the basis of wages and service subject to this chapter. Reimbursements paid from the fund pursuant to this subsection shall be deemed to be benefits for the purposes of this chapter.

(b) Combination of wage credits. The secretary shall participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other states, which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations, and which include provisions for

(1) Applying the base period of a single state law to a claim involving the combining of an individual’s wage and employment covered under two or more state unemployment compensation laws, and

(2) Avoiding the duplicate use of wages and employment by reason of such combining.

(c) Reciprocal coverage. The secretary is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government or both, whereby, notwithstanding any other provisions of this chapter:

(1) Service performed by an individual for a single employing unit for which service is customarily performed by such individual in more than one state shall be deemed to be service performed entirely within any one of the states in which

a. Any part of such individual’s service is performed, or

b. Such individual has his residence, or

c. The employing unit maintains a place of business; provided, that there is in effect, as to such service an approved election by an employing unit with the consent of such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such state; and

(2) Service performed by not more than three individuals, on any portion of a day but not necessarily simultaneously, for a single employing unit which customarily operates in more than one state shall be deemed to be service performed entirely within the state in which such employing unit maintains the headquarters of its business; provided, that there is in effect, as to such service, an approved election by an employing unit with the consent of each such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such state.

(d) Reexamination of reciprocal arrangements. If, after entering into an arrangement provided for by this section, the secretary finds that the employment security law of any state or of the federal government participating in such arrangement has been changed in a material respect, the secretary shall make a new finding as to whether such arrangement shall be continued with such state or with the federal government.

(e) Overpayments of unemployment benefits which have become final under this chapter shall be recovered by offset from unemployment benefits otherwise payable under the unemployment compensation law of another state, and overpayments of unemployment benefits as determined under the unemployment compensation law of the other state shall be recovered by offset from unemployment benefits otherwise payable under this chapter.

(f) Overpayments of unemployment benefits as determined under applicable federal law, with respect to benefits or allowances for unemployment provided under a federal program administered by this state under an agreement with the United States Secretary of Labor, shall be recovered by offset from unemployment benefits otherwise payable under this chapter or any federal program, or under the unemployment compensation law of another state or any federal unemployment benefit or allowance program administered by the other state under an agreement with the United States Secretary of Labor if the state has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by Section 303(g) (2) of the Federal Social Security Act, and if the United States agrees, as provided in the reciprocal agreement with this state entered into under Section 303(g) (2) of the Social Security Act, that overpayments as determined under this chapter and overpayments as determined under the unemployment compensation law of another state which has in effect a reciprocal agreement with the United States Secretary of Labor as authorized by Section 303(g) (2) of the Social Security Act, shall be recovered by offset from benefits or allowances of unemployment otherwise payable under a federal program administered by this state or the other state under an agreement with the United States Secretary of Labor.
Ala. Code § 25-8-45 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-45
Section 25-8-45 Child Labor Certificates. (Amended by Act 2026-539)
Status: in_force

AMENDED BY ACT 2026-539, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) No individual, entity, franchise, corporation, or division of a corporation shall employ, permit, or suffer to work any minor 14 or 15 years of age in any occupation, except in agricultural service, unless the individual, entity, franchise, corporation, or division of a corporation procures and keeps on file, for the inspection by the officials charged with the enforcement of this chapter, a complete list of those individuals 14 or 15 years of age employed by the employer.

(b) Any individual, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor 14 or 15 years of age in any occupation, except in agricultural service, shall obtain a Class I Child Labor Certificate from the department for each location where an individual, entity, franchise, corporation, or division of a corporation wishes to employ a minor 14 or 15 years of age. The employment shall be in accordance with this chapter.

(c) The certificate shall allow the employment of minors 14 or 15 years of age to work only outside of school hours or during vacation periods and only in occupations not prohibited by this chapter for individuals of these ages.

(d) The employment of a minor 14 or 15 years of age shall be revoked or suspended by the department if the minor’s regular school attendance and performance record is not satisfactory to the head administrator, or, if home schooled, an instructor of the school that the minor attends. The revocation or suspension shall be processed by the department upon notification by the school.

(e) Any individual, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor 16 or 17 years of age in any occupation, except in agricultural service, shall obtain a Class II Child Labor Certificate from the department for each location where an individual, entity, franchise, corporation, or division of a corporation wishes to employ a minor 16 or 17 years of age. The employment shall be in accordance with this chapter.

(f) The department shall issue Class I and Class II Child Labor Certificates to any individual, entity, franchise, corporation, or division of a corporation that applies to the department. The fee for a Class I or Class II Child Labor Certificate shall be fifteen dollars ($15). The certificates shall be issued annually.

(g)(1) The application for the child labor certificate shall contain all of the following information specific to the location of the minor’s employment:

a. The name, address, and telephone number of the individual, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor.

b. The type of business or entity, the federal employer identification number, the names of all incorporators, owners, members, or partners of the business or entity.

c. Any other information as required by department rule.

(2) The Class I and Class II Child Labor Certificates shall contain all of the following information:

a. The name of the employer.

b. The type of business the employer maintains.

c. Any other information as required by department rule.

(3) If an individual, entity, franchise, corporation, or division of a corporation employs a minor between 14 and 17 years of age without a proper child labor certificate, the individual, entity, franchise, corporation, or division of a corporation shall pay a penalty of fifty dollars ($50) and then shall obtain a certificate in the proper manner.

(4) The parent or guardian of a minor who is 14 or 15 years of age and employed by an individual, entity, franchise, corporation, or division of a corporation shall notify the minor’s head administrator, counselor, or if home schooled, an instructor of the school which the minor attends of the name, address, and telephone number of the person, entity, franchise, corporation, or division of a corporation employing the minor.
Ala. Code § 25-4-8 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-8
Section 25-4-8 Employer
Status: in_force

(a) Employer, as used in this chapter, prior to January 1, 1978, shall mean any employing unit which was so defined in this chapter prior to such date.

After December 31, 1977, except as otherwise provided in this chapter, employer, as used in this chapter shall mean:

(1) Any employing unit which, after December 31, 1977:

a. In any calendar quarter in either the current or preceding calendar year paid, for service in employment, wages of one thousand five hundred dollars ($1,500) or more; or

b. For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day).

(2) Any employing unit which, having become an employer under this chapter, has not under Sections 25-4-130 and 25-4-131 ceased to be an employer subject to this chapter.

(3) For the effective period of its election pursuant to Section 25-4-131, any other employing unit which has elected to become fully subject to this chapter.

(4) Any employing unit (whether or not an employing unit at the time of acquisition) which:

a. Acquired at least 65 percent of the organization, trade, employees, or business located in the State of Alabama, or substantially all the assets thereof, of another employing unit which at the time of such acquisition was an employer subject to this chapter; or

b. Acquired a segregable part of the organization, trade, or business of another employing unit which at the time of such acquisition was an employer subject to this chapter; provided, that such segregable part would have been an employer subject to this chapter if such part had constituted its entire organization, trade, or business.

(5) Any employing unit which acquires at least 65 percent of the organization, trade, employees, or business located in the State of Alabama, or substantially all of the assets thereof of another employing unit (not an employer subject to this chapter) and which, if the employment record of such employing unit subsequent to such acquisition, together with the employment record of the acquired unit prior to such acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an employer subject to this chapter.

(6) Any employing unit not an employer by reason of any other paragraph of this section:

a. For which, within either the current or preceding calendar year, service is or was performed with respect to which such employing unit is held liable by the federal government for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund; or

b. Which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to such Federal Unemployment Tax Act, to be an employer under this chapter.

(7) Any employing unit for which service in employment as defined in paragraph (a)(2)a. of Section 25-4-10 is performed after December 31, 1971, or for which service in employment as defined in paragraph (a)(2)b. of Section 25-4-10 is performed after December 31, 1977; provided, however, that such service is not excluded from the definition of employment by subsection (b) of Section 25-4-10.

(8) Any employing unit for which service in employment as defined in subdivision (a)(3) of Section 25-4-10 is performed after December 31, 1971.

(9) Any employing unit for which agricultural labor as defined in subdivision (b)(1) of Section 25-4-10 is performed after December 31, 1977, but only if the provisions of paragraph (a)(4)a. of Section 25-4-10 are met.

(10) Any employing unit for which domestic service in employment as defined in paragraph (a)(4)b. of Section 25-4-10 is performed after December 31, 1977.

(11)a. In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under this section other than under subdivision (10) of this subsection, the wages paid to, or the employment of, an employee performing domestic service after December 31, 1977, shall not be taken into account.

b. In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under this section other than under subdivisions (7) and (8) of this subsection, the wages paid to, or the employment of, an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, such employing unit shall be determined an employer for the purposes of subdivision (1) of this subsection.

c. The provisions of paragraphs a. and b. of this subdivision notwithstanding, for the purposes of Sections 25-4-51, 25-4-52, 25-4-53, and 25-4-54, any employing unit which is or becomes subject to any subdivision of this subsection other than subdivisions (9) or (10) shall, upon becoming subject to subdivisions (9) or (10) or if, at the time of becoming subject to any other subdivision is already subject to subdivisions (9) or (10), be a single employing unit.

(12) The term employer shall also include any Indian tribe, as herein defined, for which service in employment is performed.

(b) For the purposes of this section, if any week includes both December 31 and January 1, the days of that week up to January 1 shall be deemed one calendar week and the days beginning January 1 another such week.

(c) Notwithstanding any other provision of law, the following shall apply regarding assignment of rates and transfers of experience:

(1) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management, or control of the two employers, then the unemployment experience attributable to the transferred trade or business shall be transferred to the employer to whom such trade or business is so transferred. The rates of both employers shall be recalculated and made effective in accordance with the date such transfer or transfers occurred.

(2) Whenever a person who is not an employer under this section at the time it acquires the trade or business of an employer, the unemployment experience of the acquired trade or business shall not be transferred to such person if the secretary finds that such person acquired the trade or business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, such person shall be assigned the applicable new employer rate under Section 25-4-51(a)(2). In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the secretary shall use objective factors which may include the cost of acquiring the trade or business, whether the person continued the business enterprise of the acquired trade or business, how long such business enterprise was continued, or whether a substantial number of new employees were hired for the performance of duties unrelated to the business activity conducted prior to acquisition.

(3) a. If a person knowingly violates or attempts to violate subdivisions (1) and (2) or any other provision of this section related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of such provision, the person shall be subject to the following penalties:

1. If the person is an employer, then such employer shall be assigned the highest rate assignable under this section for the tax rate year during which such violation or attempted violation occurred and the three tax rate years immediately following the rate year. Notwithstanding the foregoing, if the person’s business is already at such highest tax rate for any year, then a penalty rate of contributions of two percent above the maximum tax rate shall be imposed for such year and the immediately following three tax rate years.

2. If the person is not an employer, such person shall be subject to a civil monetary penalty of not more than ten thousand dollars ($10,000) or 10 percent of any under reported amount, whichever is greater. All fines shall be deposited in the penalty and interest account established under Section 25-4-142(b).

b. For purposes of this section, the following terms shall have the following meanings:

1. Knowingly means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.

2. Violates or attempts to violate includes, but is not limited to, intent to evade, misrepresentation, or willful nondisclosure.

3. Person has the meaning given the term by §7701 (a)(1) of the Internal Revenue Code of 1986.

4. Trade or business includes the employer’s workforce.

In addition to the penalty imposed herein, any violation of this section may be prosecuted as a Class C felony. The secretary shall establish procedures to identify the transfer or acquisition of a trade or business for purposes of this section.

This section shall be interpreted and applied in such a manner as to meet the minimum requirements contained in any guidelines or regulations issued by the United States Department of Labor.
Ala. Code § 25-5-84 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-84
Section 25-5-84 Modification of Payments
Status: in_force

All amounts paid by the employer and received by the employee or his dependents under settlements made under Section 25-5-56 shall be final, but the amount of any award payable periodically for more than six months may be modified at any time by agreement of the parties and approved by the court.
Ala. Code § 25-9-131 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-131
Section 25-9-131 Surface Storage of Explosives and Detonators
Status: in_force

(a) Separate surface magazines shall be provided for the storage of explosives and detonators and shall be kept in good repair.

(b) Magazines shall be constructed of or covered with fire and weather resistant material, shall be reasonably bullet proof and shall have no metal or sparking material exposed inside the magazine. When a magazine is used for more than one type of explosive, each type shall be stored separately.

(c) The only openings shall be doors for entrance, which shall be securely locked when unattended, and properly screened vents.

(d) If artificial light is needed, only an electric flashlight, electric lantern, or electric cap lamp shall be used. Smoking, carrying of smokers’ articles, or open flame are prohibited in or within 25 feet of any magazine. Combustible materials, including rubbish and dry grass, shall be kept clear of any magazine for a distance of 25 feet in all directions.

(e) Other material shall not be stored with explosives or detonators and metallic tools shall not be used for opening containers of explosives.

(f) Distributing magazines, constructed of two-inch hardwood, or metal lined with nonsparking material or an equivalent may be used for storage or distribution of not more than 125 pounds of explosives or 5,000 detonators. No magazine shall be placed in a building containing any highly flammable material or waste and shall be at least 20 feet from a stove, furnace, open fire, or flame.

(g) All magazines shall be not less than 200 feet from any mine opening, unless effectively barricaded, and suitable danger signs shall be placed near all magazines.
Ala. Code § 25-9-321 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-321
Section 25-9-321 Survey of Mine Upon Petition of Adjacent Landowner
Status: in_force

Whenever the owner, operator, or lessee of any land adjacent to other land on which any coal mine is being worked shall have reason to believe that such mine is being so worked as to encroach upon his land and has been refused by the owner, operator, or manager of the mine permission at reasonable times to enter said mine with a competent engineer for the purpose of inspecting and surveying such mine, he may make appeal under oath to the probate court of the county in which the mine is situated, setting out the facts and praying for an order that such mine shall be surveyed. Upon the hearing, after such notice to the owner, operator, or lessee of the mine as the court may prescribe, the court may make an order requiring the department to employ a competent engineer to make a survey of such mine and file such survey in the office of the judge of probate and such survey when filed shall be received in any court as prima facie correct. The court may at any time during the progress of the proceedings require security for costs and may tax the costs in such manner as may be just and equitable.
Ala. Code § 25-8-39 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-39
Section 25-8-39 Age Requirements for Street or Public Place Occupations; Exemptions
Status: in_force

(a) No person under 14 years of age shall distribute, sell, expose, or offer for sale newspapers, magazines, periodicals, candy, or other articles, be employed or permitted or suffered to work in any other trade or occupation performed in any street or public place.

(b) The following organizations are exempt from the requirements of subsection (a): Educational, charitable, religious, scientific, historical, literary, or nonprofit organizations where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis or any other activity as designated by the commissioner.
Ala. Code § 25-9-110 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-110
Section 25-9-110 Accumulation of Coal Dust; Methods for Allaying Dust at Source
Status: in_force

(a) Coal dust shall not be allowed to accumulate excessively along conveyor lines, roadways, at loading points or at underground tipples, but shall be loaded and sent out of the mines. Coal dust in dangerous quantities in abandoned areas shall, where practicable be rendered inert.

(b) Where mining operations raise an excessive amount of dust into the air currents, water or water with a wetting agent added to it or other effective methods shall be used to allay such dust at its source.
Ala. Code § 25-5-294 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-294
Section 25-5-294 Communications, Etc. Privileged; Documentation; Release of Records or Information; Penalty for Obtaining Information Under False Pretenses
Status: in_force

(a) All letters, reports, communications, and other matters, written or oral, from employer or employee to each other, to the Secretary of the Department of Labor, any of his or her agents, representatives, or employees, or to any official or board functioning under this article, which have been written, sent, delivered, or made in connection with the requirements and administration of this article, shall be absolutely privileged. Information obtained from the above mentioned matters shall be held confidential, except to the extent necessary for the proper presentation of the contest of a claim, and shall not be published or open to public inspection in any manner. Any person violating this section shall be fined not less than $20.00 nor more than $200.00, or imprisoned for not longer than 30 days, or both.

(b) The secretary may make summaries, compilations, photographs, duplications, or reproductions of any records as he or she may deem advisable for the effective and economical preservation of the information contained therein. The documentation, duly authenticated, shall be admissible in any proceeding under this article if the original record or records would have been admissible therein.

(c) The secretary may, upon specific request therefor, furnish to any public agency a workers’ compensation record in his or her custody, if the agency makes payment of a reasonable cost therefor.

(d) At his or her discretion, the secretary may release information for the purpose of making economic analyses to institutions of higher education, or a federal government corporation upon payment of a reasonable cost therefor. The institution or federal government corporation shall agree in writing that information so obtained shall not be published or released by it to any person in a manner to permit the identification of any specific individual or employing unit.

(e) The secretary may afford reasonable cooperation with any agency of the United States or any state agency charged with the administration of any workers’ compensation laws.

(f) The secretary may upon specific request release a workers’ compensation record or information therein to any public official or to any law enforcement officer if the release is deemed by the secretary to be necessary for the performance of the official’s or officer’s duties and upon payment of a reasonable cost therefor in accordance with any regulations the secretary may prescribe.

(g) Any person who willfully makes a false statement or representation to obtain any information under this section, either for himself or herself or for any other person, who uses any information for any purpose other than in the performance of his or her official duties, or in any other manner misuses the information, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not less than $200.00 nor more than $1,000.00, or by imprisonment for not less than three nor more than 12 months, or by both fine and imprisonment.
Ala. Code § 25-1-51 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-51
Section 25-1-51 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) DD 214. A Department of Defense Report of Separation form or its predecessor or successor forms.

(2) PRIVATE EMPLOYER. An employer who is not the federal or state government, a school district, or a public institution of higher education.

(3) VETERAN. A person who has served on active duty in the United States Armed Forces and was discharged or released with an honorable discharge.

(4) VETERANS’ PREFERENCE EMPLOYMENT POLICY. A private employer’s voluntary preference for hiring, promoting, or retaining a veteran over another qualified applicant or employee.
Ala. Code § 25-5-335 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-335
Section 25-5-335 Types of Tests; Procedures for Specimen Collection and Testing; Laboratory; Confirmation of Tests
Status: in_force

(a) An employer is required to conduct the following types of tests in order to qualify for the workers’ compensation insurance premium discounts provided under this article:

(1) An employer shall require job applicants to submit to a substance abuse test after extending an offer of employment. Limited testing of job applicants by an employer shall qualify under this article if the testing is conducted on the basis of reasonable classifications of job positions.

(2) An employer shall require an employee to submit to reasonable suspicion testing.

(3) An employer shall require an employee to submit to a substance abuse test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer’s established policy or that is scheduled routinely for all members of an employment classification or group.

(4) If the employee, in the course of employment, enters an employee assistance program or a rehabilitation program as the result of a positive test, the employer shall require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding the foregoing, if an employee voluntarily entered the program, follow-up testing shall not be required. If follow-up testing is conducted, the frequency of the testing shall be at least once a year for a two-year period after completion of the program and advance notice of the testing date shall not be given to the employee.

(5) If the employee has caused or contributed to an on-the-job injury which resulted in a loss of work time, the employer shall require the employee to submit to a substance abuse test.

(b) Nothing in this article shall prohibit a private employer from conducting random testing or other lawful testing of employees.

(c) All specimen collection and testing under this article shall be performed in accordance with the following procedures:

(1) A specimen shall be collected with due regard to the privacy of the individual providing the specimen, and in a manner reasonably calculated to prevent substitution or contamination of the specimen.

(2) Specimen collection shall be documented, and the documentation procedures shall include all of the following:

a. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results.

b. An opportunity for the employee or job applicant to record any information he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The providing of information shall not preclude the administration of the test, but shall be taken into account in interpreting any positive confirmed results.

(3) Specimen collection, storage, and transportation to the testing site shall be performed in a manner which reasonably precludes specimen contamination or adulteration.

(4) Each initial and confirmation test conducted under this article, not including the taking or collecting of a specimen to be tested, shall be conducted by a laboratory as described in subsection (d).

(5) A specimen for a test may be taken or collected by any of the following persons:

a. A physician, a physician’s assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment.

b. A qualified person certified or employed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, or the Alabama Department of Human Resources.

(6) Within five working days after receipt of a positive confirmed test result from the laboratory, an employer shall inform the employee or job applicant in writing of the positive test result, the consequences of the results, and the options available to the employee or job applicant.

(7) The employer shall provide to the employee or job applicant, upon request, a copy of the test results.

(8) An initial test having a positive result shall be verified by a confirmation test.

(9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of all specimens to be tested.

(10) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees.

(11) An employee or job applicant shall pay the cost of any additional tests not required by the employer.

(12) If testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the employer as provided in this article and retained by the employer for at least one year.

(d)(1) No laboratory may analyze initial or confirmation drug specimens unless:

a. The laboratory is approved by the National Institute on Drug Abuse or the College of American Pathologists.

b. The laboratory has written procedures to ensure the chain of custody.

c. The laboratory follows proper quality control procedures including, but not limited to:

1. The use of internal quality controls including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy.

2. An internal review and certification process for drug test results, conducted by a person qualified to perform that function in the testing laboratory.

3. Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results.

4. Other necessary and proper actions taken to ensure reliable and accurate drug test results.

(2)a. A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. All laboratory reports of a substance abuse test result shall, at a minimum, state all of the following:

1. The name and address of the laboratory which performed the test and the positive identification of the person tested.

2. Positive results on confirmation tests only, or negative results, as applicable.

3. A list of the drugs for which the drug analyses were conducted.

4. The type of tests conducted for both initial and confirmation tests and the minimum cut-off levels of the tests.

b. No report shall disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this article.

(3) Laboratories shall provide technical assistance to the employer, employee, or job applicant for the purpose of interpreting any positive confirmed test results which could have been caused by prescription or nonprescription medication taken by the employee or job applicant.

(e) If an initial drug test is negative, the employer may seek a confirmation test. Only those laboratories described in subsection (d) shall conduct confirmation drug tests.

(f) All positive initial tests shall be confirmed using the gas chromatography/mass spectrometry (GC/MC) method or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse as the technology becomes available in a cost-effective form.
Ala. Code § 25-9-26 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-26
Section 25-9-26 Persons Not Employees Not to Enter Mines Without Consent of Operator, Etc
Status: in_force

Persons not employees of a coal mine or duly authorized employees of the Department of Labor shall not enter such mine unless the consent of the operator or his authorized representative has been secured and shall not stand on the tracks or go near the machinery or other place of danger.
Ala. Code § 25-5-67 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-67
Section 25-5-67 Burial Expenses
Status: in_force

If death results to an employee as the result of an accident or an occupational disease arising out of and in the course of the employment, the employer shall pay, in addition to the medical and hospital expenses provided for in Section 25-5-77, the expenses of burial, not exceeding in amount six thousand five hundred dollars ($6,500). If a dispute arises as to the reasonable value of the services rendered in connection with the burial, the same shall be approved by the court before payment after reasonable notice to interested parties as the court may require.
Ala. Code § 25-4-17 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-17
Section 25-4-17 Week
Status: in_force

“Week,” as used in this chapter, means such period of seven consecutive days, as the secretary may by regulation prescribe. The secretary may by regulation prescribe that a week shall be deemed to be in, within or during that benefit year which includes the greater part of such week, or that benefit year within which such week ends.
Ala. Code § 25-5-292 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-292
Section 25-5-292 Resolution of Disputes, Settlement Agreements; Written Reports; Interlocutory Orders; Final Determinations of Liability
Status: in_force

(a) A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of some of the disputed issues by mutual agreement or in a settlement, the ombudsman shall reduce the agreement or the settlement to writing. The ombudsman and each party or the designated representative of the party shall sign the agreement or settlement. A settlement reached hereunder shall, unless otherwise provided herein, be effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article.

(b) An agreement signed pursuant to this section shall be binding on all parties through the final conclusion of all matters relating to the claim, unless within 60 days after the agreement is signed or approved the court on a finding of fraud, newly discovered evidence, or other good cause, shall relieve all parties of the effect of the agreement.

(c) If the dispute is entirely resolved at the benefit review conference, the ombudsman shall prepare a written report, which shall not be admissible into evidence in any court, that includes:

(1) A statement of each resolved issue.

(2) The ombudsman’s recommendations regarding the payment or denial of benefits.

(3) No permission of the court is required by an attorney to represent any party before an ombudsman.

(d) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the ombudsman may issue an interlocutory order directing each insurance carrier to pay a proportionate share of benefits due pending a final decision on liability. The proportionate share shall be determined by dividing the compensation due by the number of insurance carriers involved.

(e) On final determination of liability, any insurance carrier that has been determined not to be liable for the payment of benefits is entitled to reimbursement from the share paid by the insurance carrier that has been determined to be liable.

(f) The ombudsman shall file the signed agreement and the report with the Department of Industrial Relations.
Ala. Code § 25-5-251 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-251
Section 25-5-251 Membership Requirements
Status: in_force

(a) All employers who elect to be self-insurers for workers’ compensation as provided in Article 1, other than self-insurers which are governmental entities, or public utilities, shall be members of the association as a condition of their authority to self-insure. Membership shall be sufficient security for self-insurance.

(b) Membership in the association shall cease when the employer terminates its self-insurance election. However, terminating members shall be and remain liable for the period of time in which they were members of the association and for any subsequent assessments made for that period.

(c) Membership in the association may be terminated for nonpayment of assessments.

(d) The association shall not issue stock and its members shall not, as such, be liable for its obligations.
Ala. Code § 25-4-94 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-94
Section 25-4-94 Powers and Duties of Board of Appeals for Department of Labor
Status: in_force

(a) The board of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set aside any such decision on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any party in interest to initate an appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal the proceedings on any claim pending before an appeals tribunal. The board of appeals shall promptly notify in writing the parties to any proceedings of its findings and decision, together with the reasons therefor.

(b) Unless the application for appeal described in subsection (c) of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with it, the applicant may, within the following 10 days, take an appeal from the decision of the appeals tribunal to the circuit court of the county of the residence of the claimant.

(c) The manner in which disputed claims before the board of appeals shall be presented and the conduct of hearing and appeals before it shall be in accordance with the regulations prescribed by the board of appeals for determining the rights of the parties. At any such hearing the parties shall be afforded a reasonable opportunity for fair hearing and all testimony shall be taken down or recorded but need not be transcribed except at the direction of the board of appeals in the exercise of its judgment and discretion. No person shall participate in the hearing or disposition of any claim as a member of the board if he has an interest therein.

(d) Any decision of the board of appeals, in the absence of an appeal therefrom as provided in this article, shall become final 10 days after the date notification thereof shall have been mailed, postage prepaid, to the parties to the proceeding, at their last known addresses. The secretary shall be deemed to be a party to all such proceedings and to any judicial action involving any such decision.
Ala. Code § 25-4-6 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-6
Section 25-4-6 Secretary
Status: in_force

“Secretary,” as used in this chapter, means the Secretary of Labor or his authorized representatives; except, that during any interim in which there is no duly appointed and qualified Secretary of Labor, the same shall mean the Director of Unemployment Compensation, provided for in Section 25-2-3.
Ala. Code § 25-9-23 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-23
Section 25-9-23 Expenses of Executing Subpoenas, Attendance of Witnesses, and Contempt Proceedings
Status: in_force

The expenses of executing subpoenas and the attendance of witnesses as well as contempt proceedings under Section 25-9-22 shall be paid out of any funds in the Treasury of the state on certificate of the Secretary of Labor Relations, approved by the Governor.
Ala. Code § 25-9-27 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-27
Section 25-9-27 Entry into Mine While Intoxicated; Transporting Intoxicating Liquor into Mine
Status: in_force

Whoever shall, while under the influence of intoxicating liquor, enter any coal mine or any of the buildings connected with the operation of same within the state, where miners or other workmen are employed, or whoever shall carry intoxicating liquors into the same shall be guilty of a misdemeanor.
Ala. Code § 25-5-316 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-316
Section 25-5-316 (Amended by Act 2026-539) Workers’ Compensation Administrative Trust Fund; Creation; Management; Trustee and Custodian; Assessments; Penalties
Status: in_force

AMENDED BY ACT 2026-539, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) There is established in the State Treasury a fund entitled the Workers’ Compensation Administrative Trust Fund, into which shall be deposited certain assessments provided under Chapter 5 (commencing with Section 25-5-1) of Title 25 collected by the Department of Labor. The fund shall constitute a separate fund to be disbursed by the state Comptroller on order of the Secretary of the Department of Labor. All expenses incurred by the department under the Workers’ Compensation Law, including the salaries of all employees, travel cost, and any other cost of administration and enforcement as may become necessary, either within or without the state, shall be paid from the separate fund in the State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time to time when vouchers therefor are approved by the secretary. The State Treasurer shall pay moneys from the separate fund upon the order of the secretary. The total expense for every purpose incurred shall not exceed the total assessment collected and paid into the fund. The total expense for every purpose incurred in implementing this article shall not exceed the amount appropriated by the Legislature in the general fund appropriation act. No funds shall be withdrawn or expended except those budgeted and allocated in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41. All moneys remaining unexpended in the separate fund at the end of the fiscal year shall remain in the State Treasury to be expended as herein provided. Included in the budget shall be an amount of money allocated for the specific and exclusive purpose of paying only benefits to the claimants who have qualified to receive benefits from the Second Injury Trust Fund on May 19, 1992. Payments of these benefits shall be made weekly. The secretary shall each week make requisitions to the state Comptroller who shall draw warrants on the State Treasurer for the weekly compensation amount. The warrants shall be drawn only if there are sufficient moneys in the Treasury for immediate payment. Claims shall take priority in an ascending numerical order according to the time of the accident, and the time shown in the settlement between the employer and employee shall be prima facie evidence of the time of the accident. No funds allocated for the payment of benefits from the fund shall be used to pay lump-sum attorney’s fees. Payment shall resume at the end of the first week of the fiscal year in which the Legislature approves the requested budget for the Workers’ Compensation Administrative Trust Fund. The claimants who were receiving weekly benefits from the Second Injury Trust Fund as of August 31, 1991, shall be paid all weekly benefits due to date and the benefits shall be continued for the duration of claim. Those amounts shall be paid from the moneys as allocated.

(b) The State Treasurer shall determine if the money in the trust fund shall be kept in cash or invested. The moneys in the fund may be invested by the State Treasurer and all moneys and interest remaining unexpended in the separate fund provided at the end of the fiscal year shall remain in the State Treasury to be expended as herein provided.

(c) The secretary is designated as trustee of the fund and the State Treasurer is designated as custodian of the fund, and both shall furnish bonds in amounts deemed appropriate. The cost of bonds for the trustee, custodian, and other employees or officials required to post bond in connection with the program shall be paid out of the fund.

(d) Each insurance carrier, self-insured employer, and group fund shall be assessed $250.00. The gross claims for compensation and medical payments paid by the carriers, self-insured employers, and group funds are the basis for computing the amount to be assessed. The amount of assessment shall be based upon the proportion that the total gross claims for compensation and medical payments paid by the carrier, self-insured employer, or group fund during the preceding calendar year bore to the total gross claims for compensation and medical payments paid by all carriers, self-insured employers, and group funds during that period. The total assessment shall not exceed $5,000,000.00 per year. The secretary shall determine if the assessment shall be a specific amount or shall be a percentage of gross claims for compensation and medical payments paid by the insurance carriers, self-insured employers, and group funds. An assessment shall not exceed an amount reasonably necessary to defray the necessary administration expense.

(e) The department shall provide by regulation for the collection of the amounts assessed against each insurance carrier, self-insured employer, and group fund. The amounts shall be paid within 30 days from the date that the notice is served upon the insurance carrier, self-insured employer, and group fund. If the amounts are not paid within that period, there may be assessed, for each 30 days that the amount so assessed remains unpaid, a civil penalty equal to 10 percent of the amount unpaid. The amount of the civil penalty shall be collected at the same time the amount assessed is collected.

(f) If an insurance carrier, self-insured employer, or group fund fails to pay the amounts assessed against it within 60 days from the time the notice is served, the department may suspend or revoke the authorization to the self-insurer and may request that the Department of Insurance revoke the authority of the insurance company to insure workers’ compensation.

(g) The department may require from each insurance carrier, self-insured employer, and group fund reports with respect to all payments of compensation and medical payments by the insurance carriers, self-insured employers, or group funds during each calendar year, and may determine the amounts paid by each insurance carrier, self-insured employer, and group fund and may determine the amounts paid by all insurance carriers, self-insured employers, and group funds during the period.

(h) On or before the first day of March of each year, every insurance carrier, self-insured employer, and group fund shall file with the department a statement on the prescribed forms showing the gross claims for compensation and medical payments paid by the insurance carrier, self-insured employer, or group fund during the preceding one-year period ending on the 31st day of December. Any insurance carrier, self-insured employer, or group fund which neglects to file its annual written statement within the time provided in this manner shall pay to the Workers’ Compensation Administrative Trust Fund a penalty for each day’s neglect in an amount prescribed by rule of the secretary.

(i) All money collected under this section shall be deposited in the Workers’ Compensation Administrative Trust Fund.
Ala. Code § 25-5-229 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-229
Section 25-5-229 Solicitation or Writing of Workers’ Compensation Insurance by Insurance Companies, Etc., Not in Compliance with Code
Status: in_force

Any insurance corporation, organization or association, or any officer, employee or agent of such insurance corporation, organization or association who solicits or writes any workers’ compensation insurance in this state without complying with the law as set forth in this Code in reference to filing with the Commissioner of Insurance its classifications of risks and premiums relating thereto or without having received from said Commissioner of Insurance approval of its plan of business or who fails to comply with any other requisites set out in this chapter to make reports in writing, who conducts business in the State of Alabama, shall be guilty of a misdemeanor and, on conviction, may be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months and must also be fined not more than $500.00.
Ala. Code § 25-11-7 — Alabama Code / Title 25 / Chapter 11 / Section 25-11-7
Section 25-11-7 Entities with Access to Directory
Status: in_force

(a) The following entities shall have access to the information contained in the State Directory of New Hires:

(1) The Department of Human Resources.

(2) State agencies operating employment security and workers’ compensation programs.

(3) State agencies responsible for administering a program specified in Section 1137(b), Social Security Act, pertaining to the Income Eligibility Verification System.

(b) If approved by the Secretary of Health and Human Services, the custodian of records may gain access to information contained in the National Directory of New Hires. The cost of obtaining the information shall be paid by the department at a rate determined to be reasonable by the Secretary of Health and Human Services.
Ala. Code § 25-2-2 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-2
Section 25-2-2 Functions and Duties; Staff and Assets; Applicability of Merit System
Status: in_force

(a) The general functions and duties of the Department of Workforce shall be as follows:

(1) To administer all labor laws and all laws relating to the relationship between employer and employee, including laws relating to hours of work, and working conditions in places of employment.

(2) To make or cause to be made all necessary inspections to determine whether or not the laws, the administration of which is delegated to the Department of Workforce, and rules issued pursuant thereto, are being complied with by employers and employees, and to take such action as may be necessary to enforce compliance; provided, however, that there shall be no inspection of boilers which have been inspected, approved, and insured by an insurance company authorized to do business in the State of Alabama. Provided, however, that this provision may not prevent compliance verification by the department.

(3) To propose to the board of appeals, provided for in this chapter, such rules or amendments as may be deemed advisable for the prevention of accidents or the prevention of sickness and diseases in mines. The Secretary of Workforce may appoint committees composed of employers, employees, and experts to suggest and assist in the preparation of rules or amendments.

(4) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 4, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 4, necessary or suitable to that end.

(5) To cooperate with all authorities of the United States having powers and duties under the Wagner-Peyser Act, approved June 6, 1933 (48 Stat. 113, United States Code, Title 29, Section 49) entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system and for other purposes,” and to do and perform all things necessary to secure for the State of Alabama the benefits of such act and the promotion and maintenance of a system of public employment offices. The Department of Workforce is designated as the state agency and vested with all powers necessary to cooperate with the United States Employment Service or its successor.

(6) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 5, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 5, necessary or suitable to that end.

(7) To make investigations and studies and to collect, collate, and compile statistical information and to make and publish reports concerning the state’s labor force participation rate, unemployment rate, barriers to employment, conditions of labor generally, including living conditions, hours of work, wages paid, and all matters relating to the enforcement and effect of this title coming under the jurisdiction of the Department of Workforce and the rules issued pursuant thereto and other laws relating to the Department of Workforce. The Secretary of Workforce shall deliver a copy of each report to every person making application therefor.

(8) To make an annual report to the Governor covering the activities and accomplishments of the Department of Workforce during the preceding fiscal year, accompanied by the recommendations of the Secretary of Workforce. The report shall be printed and the Secretary of Workforce shall deliver a copy to every person making application therefor.

(9) To make recommendations to the Legislature for the enactment of laws which, on the basis of information and statistics compiled by the Department of Workforce, appear to be desirable for the development and training of the state’s labor force, for protection of laborers, and for promoting and fostering amicable relations between employers and employees.

(10) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Section 25-2-7, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Section 25-2-7, necessary or suitable to that end.

(11) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 7 and such other statutes as may be provided by law and to advise the Governor with respect to the provisions thereof, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 7, necessary or suitable to that end.

(12) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 8, and it shall have the power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 8, necessary or suitable to that end.

(13) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 9, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 9, necessary or suitable to that end.

(14) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 10, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 10, necessary or suitable to that end.

(15) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 11, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 11, necessary or suitable to that end.

(16) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 12, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 12, necessary or suitable to that end.

(17) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 13, and to require any reports, and to take any other action, consistent with Chapter 13, necessary or suitable to that end.

(18) To administer and perform, by and under the direction of the Secretary of Workforce, all functions and duties of Chapter 14, and it shall have power and authority to adopt and enforce all reasonable rules and orders necessary or suitable to that end, and to require any reports, and to take any other action, consistent with Chapter 14, necessary or suitable to that end.

(19) To perform the duties set forth in subdivision (a)(5) related to the administration of Title III of the Wagner-Peyser Act and the Employment Service and the Alabama Career Center Systems within the state.

(20) To cooperate with all authorities of the United States concerning the development, management, and delivery of workforce and labor market information funded through the Workforce and Labor Market Information Grants to States (WIGS) to implement the federal Workforce Information Grant.

(21) To cooperate with all authorities of the United States concerning the management and delivery of the Jobs for Veterans State Grants Program.

(22) To cooperate with all authorities of the United States concerning the management and delivery of the federal Work Opportunity Tax Credit.

(23) To cooperate with all authorities of the United States concerning the management and delivery of the Federal Bonding Program.

(24) To administer the Alabama Workforce Board, its executive committee, and the regional workforce boards.

(25) To collaborate with the Alabama Workforce Board, its executive committee, and other state agencies, departments, boards, and commissions to develop cohesive and coordinated workforce development strategies, programs, and budget recommendations.

(26) To administer all workforce development programs currently administered by the Department of Commerce, except for the Alabama Industrial Development Training Institute, including, but not limited to:

a. Programs funded by Title I of the federal Workforce Innovation and Opportunity Act.

b. The Alabama Office of Apprenticeship.

c. The Alabama Committee on Credentialing and Career Pathways.

d. The Alabama Committee on Credential Quality and Transparency.

e. The Alabama STEM Council.

f. The Office of Education and Workforce Statistics.

(b) All state-level staff and state-owned assets assigned to regional workforce councils at the Department of Commerce shall be transferred to the Department of Workforce.

(c) Any employee who is not subject to the Merit System and who is transferred to the Department of Workforce to work for the programs and councils referenced in Section 25-2-2(a)(26) and Section 25-2-2(b) shall serve in the exempt service of the Merit System and maintain his or her salary, benefits, and years of service upon the transfer. All other employees shall remain subject to the Merit System.

(d) Any Merit System employee who is transferred to the Department of Workforce to work for the programs and councils referenced in Section 25-2-2(a)(26) and Section 25-2-2(b) shall be transferred with no decrease in compensation or benefits.
Ala. Code § 25-5-315 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-315
Section 25-5-315 Immunity from Liability
Status: in_force

The Workers’ Compensation Medical Services Board, the individual members thereof, the agents, servants, employees, consultants, or attorneys of the board, and any person, firm, or corporation contracting with the board for the specific purpose of implementing the duties, obligations, and responsibilities of the board under this article, shall each be immune from civil liability against the claims of any and all individuals, firms, corporations, institutions, or other entities for any claims of any nature whatsoever arising out of or related to the decisions, opinions, deliberations, reports, or publications which are made, rendered, or entered by the board, the individual members of the board, or the agents, servants, employees, consultants, or attorneys of the board or any person, firm, or corporation contracting with the board which decisions, opinions, deliberations, reports, or publications were made in good faith, without malice, and predicated upon information which was then available to the board.
Ala. Code § 25-7-30 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-30
Section 25-7-30 Declaration of Policy
Status: in_force

It is hereby declared to be the public policy of Alabama that the right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union or labor organization.
Ala. Code § 25-9-368 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-368
Section 25-9-368 Injunctions
Status: in_force

In addition to any other remedy, the secretary may, for persistent, continued or imminent violations of this chapter, apply for a permanent injunction.
Ala. Code § 25-16-8 — Alabama Code / Title 25 / Chapter 16 / Section 25-16-8
Section 25-16-8 Establishment of Foundation
Status: in_force

The council may establish a foundation to assist in the development and implementation of the programs to promote STEM education, STEM workforce development, and STEM careers. The foundation may solicit and receive contributions from private organizations to accomplish objectives provided in this chapter.
Ala. Code § 25-9-4 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-4
Section 25-9-4 Certain Persons Not to Have Interest in Alabama Coal Mines
Status: in_force

No person shall be appointed mine inspector, head mine inspector, or Chief of the Division of Safety and Inspection who, or the spouse of whom, has any pecuniary interest in any coal mine in Alabama.
Ala. Code § 25-5-55 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-55
Section 25-5-55 Rights and Powers of Minors Under Article Generally; Effect of Payment of Awards to Minors
Status: in_force

For the purposes of this article and Article 4 of this chapter, minors shall have the same power to contract, make settlements and receive compensation as adult employees, subject to the power of the court, in its discretion, to require the appointment of a guardian to make the settlement and to receive moneys thereunder or under an award. Payments of awards made to minors or their guardians shall exclude any further compensation either to the minors or to their parents for loss of services or otherwise.
Ala. Code § 25-15-7 — Alabama Code / Title 25 / Chapter 15 / Section 25-15-7
Section 25-15-7 Regional Workforce Boards; Establishment; Duties; Meetings; Objectives. (Amended by Act 2026-538)
Status: in_force

AMENDED BY ACT 2026-538, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) At the direction of the Governor, the Secretary of Workforce shall establish seven regional workforce boards to serve as Alabama’s local workforce development boards for purposes of Section 107 of the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), as amended, 29 U.S.C. § 3122. The Department of Workforce shall establish bylaws governing the membership and activities of the regional workforce boards in compliance with WIOA. The local workforce development boards shall be certified by the Governor pursuant to 29 U.S.C. § 3122(a).

(b) The Secretary of Workforce shall establish geographic boundaries of the regional workforce boards and criteria for the appointment of members to the regional workforce boards consistent with WIOA, including 29 U.S.C. § 3122 and 20 C.F.R. § 679.110. One such criterion shall be a duty for an appointing official to consult with the Secretary of Workforce before making an appointment to a regional workforce board.

(c) The Department of Workforce may adopt rules pursuant to the Alabama Administrative Procedure Act to carry out this section.

(d) A regional workforce board shall perform the functions set forth in WIOA, including each of the following:

(1) Develop a local plan as provided in WIOA, consistent with the WIOA State Plan and the Strategic Workforce Plan.

(2) Publish, for core and partner agency and public use, workforce research and regional labor market analysis using primary state labor market information provided by the department.

(3) Convene local workforce development system stakeholders to assist in the development of the local plan.

(4) Lead local efforts to engage with a diverse range of employers.

(5) Lead local efforts to develop and implement career pathways.

(6) Lead local efforts to identify and promote promising workforce development strategies.

(7) Lead local efforts to integrate data and technology systems.

(e) A regional workforce board shall submit an annual budget request to the Secretary of Workforce and the executive committee that is consistent with the Strategic Workforce Plan. A regional workforce board’s annual budget submission shall demonstrate that the membership of the board satisfies the relevant WIOA state workforce development board membership requirements, including the requirements set forth in 29 U.S.C. § 3122 and 20 C.F.R. § 679.320. The membership of any regional workforce board may not exceed twenty members. A regional workforce development board may not expend state or federal workforce development funds except pursuant to a categorical annual budget approved by the Secretary of Workforce.
Ala. Code § 25-9-176 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-176
Section 25-9-176 Electric Lights
Status: in_force

Electric lights shall be installed so that they cannot come in contact with combustible materials. The wires shall be supported by suitable insulators and fastened securely to the power conductors.
Ala. Code § 25-4-136 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-136
Section 25-4-136 Secretary May Extend Time for Payment of Contributions
Status: in_force

The secretary, for good cause may extend the time for payment of any contributions required by this chapter, without interest or penalty, for a period not to exceed 90 days, subject to such conditions and restrictions as the secretary may impose.
Ala. Code § 25-5-116 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-116
Section 25-5-116 Which Employer Liable for Compensation of Employee; Contribution
Status: in_force

(a) If compensation is payable for an occupational disease other than pneumoconiosis or radiation, the only employer liable, if any, shall be the employer in whose employment the employee was last exposed to the hazards of the disease. The employer who is liable shall not be entitled to contribution from any other employer of the employee except one who furnished workers’ compensation for the employee during the employment of last exposure.

(b) If compensation is payable for pneumoconiosis or radiation, the only employer liable, if any, shall be the employer in whose employment the employee was last exposed in each of at least 12 months, within a period of five years prior to the date of the injury, to the hazards of the disease and, in addition, any employer who furnished workers’ compensation coverage during this period.
Ala. Code § 25-14-7 — Alabama Code / Title 25 / Chapter 14 / Section 25-14-7
Section 25-14-7 Grounds for Disciplinary Action
Status: in_force

The following acts constitute grounds for which disciplinary action against a registrant or controlling person may be taken by the secretary:

(1) Being convicted of or entering a guilty plea or a plea of nolo contendere to, any of the following:

a. A crime in any jurisdiction which relates to the operation of a professional employer organization or the ability to engage in business as a professional employer organization.

b. Fraud, deceit, or misconduct in the classification of employees and reporting of employee wages under the workers’ compensation laws of this state.

c. Fraud, deceit, or misconduct in the establishment of or maintenance of workers’ compensation coverage, regardless of whether self-insured or otherwise.

d. Fraud, deceit, or misconduct in the operation of a professional employer organization.

(2) Failing to maintain evidence of the workers’ compensation insurance coverage required in accordance with this chapter.

(3) Violating this chapter or any lawful order or rule issued under this chapter.

(4) Failing to notify the secretary in writing of any change of the primary business address or the addresses of any of the registrant’s offices in the state.

(5) Being found guilty by a court of competent jurisdiction of a course of conduct or practices which show that the registrant is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom the registrant may sustain a confidential relation, may not safely be entrusted to the registrant.

(6) Failing to inform the secretary in writing within 30 days after being convicted, pleading guilty, or entering a plea of nolo contendere to a felony, regardless of adjudication.

(7) Found liable for civil fraud by any court of competent jurisdiction in any state.

(8) Failure to inform the secretary in writing within 30 days of an adverse material action by a state or federal regulatory agency.
Ala. Code § 25-9-136 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-136
Section 25-9-136 Misfires
Status: in_force

(a) Where misfires occur with electric detonators, the person firing the shots shall disconnect his firing cable from the source of power and short circuit it by reshunting the ends of the cable. No person shall return to the shot until five minutes has elapsed from the misfire, and the firing cable must not be left behind anyone returning to the face.

(b) If a defect in the firing cable or connections is found, another attempt may be made to fire the shot or shots, exercising such cautions as covered in Section 25-9-134, subsection (f), subdivision (5).

(c) If the misfire is definite, explosives shall be removed by drilling and firing the bore hole for a separate charge at least two feet away from and parallel to the misfired charge, or by washing the stemming and the charge from the bore hole with water or by inserting and firing a new primer after the stemming has been washed out.

(d) A very careful search of the working place, and if necessary, of the coal after it reaches the tipple, shall be made after blasting a misfired hole, to recover any undetonated explosive.

(e) The handling of a misfired shot shall be under the direct supervision of the mine foreman, his assistant, or any competent person designated by the mine foreman or his assistant.

(f) If fuses and caps are used for blasting on the surface, misfires may not be approached by anyone until six hours have elapsed, and handling of the misfire must be done with due care and under direction of a supervisor or other competent person.
Ala. Code § 25-2-24 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-24
Section 25-2-24 Enforcement of Laws Administered, Etc., by Department; District Attorney’s Fee
Status: in_force

It shall be the duty of the qualified attorneys regularly employed by the Department of Labor, or the Attorney General of the state and any district attorney, upon the request of the Secretary of Labor or of any of his authorized representatives, to prosecute any violation of any law, the administration or enforcement of which has been made a duty or function of the Department of Labor, or any rule or regulation adopted pursuant thereto. A district attorney’s fee of $5.00 shall be taxed as costs against any defendant convicted.
Ala. Code § 25-9-153 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-153
Section 25-9-153 Underground Stables
Status: in_force

No underground stables shall be constructed or used in coal mines after August 12, 1949, and straw for bedding or hay for feeding animals shall not be sent into coal mines. This does not apply to mines stabling animals underground on August 12, 1949. Rules for preventing fires and for maintenance of such stables and for handling straw and hay shall be prescribed in writing by the chief. Failure to comply with these rules shall constitute a violation of this chapter.
Ala. Code § 25-10-1 — Alabama Code / Title 25 / Chapter 10 / Section 25-10-1
Section 25-10-1 Short Title
Status: in_force

This chapter shall be known and may be cited as “The Small Business Assistance Act of 1975.”
Ala. Code § 25-1-22 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-22
Section 25-1-22 Unlawful Employment Practices - Generally
Status: in_force

It is an unlawful employment practice for an employer to do any of the following:

(1) Fail or refuse to hire or discharge an individual, or otherwise discriminate against an individual with respect to compensation, terms, or privileges of employment, because of the age of the individual.

(2) Limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive an individual of employment opportunities or to adversely affect the status of an individual as an employee, because of the age of the individual.
Ala. Code § 25-9-151 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-151
Section 25-9-151 Examinations for Fire
Status: in_force

In any mine or part of a mine which will be neither fire-bossed nor worked on the following shift, a supervisor or other responsible person shall examine all working places after face work ceases for evidence of fire.
Ala. Code § 25-4-72 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-72
Section 25-4-72 Individual Weekly Benefit Amount
Status: in_force

(a) For weeks of unemployment during benefit years which begin before the effective date of subsection (b), an individual’s weekly benefit amount shall be as prescribed by this section as amended through July 6, 1997.

(b) For weeks of unemployment during benefit years beginning on or after July 2, 2006, an individual’s weekly benefit amount shall be an amount equal to one twenty-sixth of the average of the wages for insured work paid to the individual during the two quarters of his or her base period in which the total wages were the highest; except, that:

(1) If the amount thus derived is not a multiple of one dollar ($1), fractional parts of one dollar ($1) in excess of fifty cents ($.50) shall be rounded to the next higher multiple of one dollar ($1) and fractional parts of one dollar ($1) which are fifty cents ($.50) or less shall be dropped to the next lower multiple of one dollar ($1).

(2) If the amount derived before the application of subdivision (1) is not in excess of forty-four dollars fifty cents ($44.50), there shall be no weekly benefit amount.

(3) Effective with benefit years beginning on or after July 6, 2008, if the amount thus derived is more than two hundred fifty-four dollars fifty cents ($254.50), the weekly maximum benefit amount shall be two hundred fifty-five dollars ($255).

(4) Effective with benefit years beginning on or after July 5, 2009, if the amount thus derived is more than two hundred sixty-four dollars fifty cents ($264.50), the weekly maximum benefit shall be two hundred sixty-five dollars ($265).

(5) Effective with benefit years beginning on or after January 1, 2020, if the amount thus derived is more than two hundred seventy-four dollars fifty cents ($274.50), the weekly maximum benefit shall be two hundred seventy-five dollars ($275).

(c) If, as a condition for approval of this section for full tax credit against the tax imposed by the federal Unemployment Tax Act, federal law should require a greater maximum weekly benefit amount than that provided herein, then the maximum weekly benefit amount shall be the minimum required by any such federal law for such approval.

(d) Nothing herein shall serve to deprive any individual of any benefit for which he or she had qualified in any benefit year beginning before the effective date of subsection (b).

(e) There is hereby appropriated out of funds made available to this state under Section 903 of the Social Security Act, as amended by Title II, Section 209, “Special Reed Act Transfer in Fiscal Year 2002,” of the “Temporary Extended Unemployment Compensation Act of 2002,” as contained in the “Job Creation and Worker Assistance Act of 2002,” an amount not to exceed 15 percent of the funds, or so much thereof to be used as may be necessary, under the direction of the State of Alabama, Department of Labor, for the expenses incurred for the administration of this state’s unemployment compensation law and public employment offices. Notwithstanding the foregoing, the additional amount of up to $7,940,119 of “Reed Act” funds may be withdrawn from the Unemployment Compensation Trust Fund and used for administrative purposes from May 29, 2008, until September 30, 2009. Furthermore, whatever amount is withdrawn during this time period, that amount shall not change the Employer Tax Schedules pursuant to Section 25-4-54 for the calendar year beginning January 1, 2010.
Ala. Code § 25-9-61 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-61
Section 25-9-61 Reports and Investigations of Major Accidents
Status: in_force

(a) Each operator shall report promptly to the chief of the division the occurrence at any mine of any fatal accident or accident involving serious personal injury to any person or persons, whether employed or not. The scene of the accident shall not be disturbed pending an investigation except to prevent suspension of use of a slope, entry, or facility vital to the operation of a section of a mine. In cases where reasonable doubt exists as to whether to leave the scene unchanged, the operator shall secure prior approval from the chief before any changes are made.

(b) The chief shall go personally or dispatch one or more mine inspectors to the scene of the accident or accidents, investigate causes, and issue such orders as may be needed to insure safety of other persons.

(c) Representatives of the operator shall render such assistance as may be needed and shall act in a consulting capacity at the investigation. An employee designated by the employees of the mine shall be notified and as many as three employees designated as representatives of the employees may be present at the investigation in a consulting capacity.

(d) The division shall render a complete report of circumstances and causes of each accident investigated and shall make recommendations for prevention of similar accidents. The division shall furnish one copy of the report to the operator and one copy to the employee representative when he has been present at the investigation. The chief of the division shall maintain a complete file of all accident reports and may give such further publicity as ordered by the director in an effort to prevent coal mine accidents.