Ala. Code § 25-8-49 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-49
Section 25-8-49 Work Permits - Contents and Forms
Status: reserved

Repealed by Act 2009-565, p. 1654, §4, effective May 19, 2009.
Ala. Code § 25-9-41 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-41
Section 25-9-41 Checking Systems
Status: in_force

Each mine shall have a check-in and check-out system that will provide positive identification upon the person of every individual underground. An accurate record of the men in the mine, which shall consist of a written record, a check board or a time clock record, shall be kept on the surface in a place that will not be affected in the event of an explosion. Said record shall bear a number identical to the identification check carried by the person underground.
Ala. Code § 25-9-66 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-66
Section 25-9-66 Rescue Crews - Training; Removal of Crew Members
Status: in_force

It shall be the duty and responsibility of the chief to see that all crews be properly trained by qualified instructors who have a certificate of training from the Mine Safety and Health Administration. The chief may remove any crew member at any time.
Ala. Code § 25-15-4 — Alabama Code / Title 25 / Chapter 15 / Section 25-15-4
Section 25-15-4 Board Meetings; Committees
Status: in_force

(a) The Alabama Workforce Board shall meet at least four times per year but may meet more frequently at the call of the chair or the Governor.

(b) Meetings of the board and any committee established pursuant to this section shall be conducted pursuant to the Open Meetings Act.

(c) The Governor, or the chair with the consent of the Governor, may establish and dissolve standing and ad hoc committees. The Governor, or the chair with the consent of the Governor, shall appoint the chair and members of all standing and ad hoc committees.
Ala. Code § 25-8-57 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-57
Section 25-8-57 Discrimination Prohibited Against Persons Disclosing Information, Making Charges, Refusing to Obey Illegal Orders, Etc
Status: in_force

(a) No person shall discriminate against any individual because the individual has opposed any act or practice made unlawful by this chapter or because the individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) No employer, agent of an employer, or any other person shall discharge or otherwise discipline, threaten, harass, blacklist, or in any other manner discriminate against an applicant, employee, former employee, or any other person because that individual disclosed any information not prohibited from disclosure by statute, refused to obey an illegal order, or in any other manner not prohibited by statute challenged or revealed any violation of this chapter.
Ala. Code § 25-9-303 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-303
Section 25-9-303 Intermediate Surveys
Status: in_force

The department shall order a survey to be made between the regular survey periods of the workings of any coal mines and the results to be extended on the maps of the same and the copies thereof whenever, in its judgment, the safety of the employees, the support of the surface, and the conservation of the property or the safety of an adjacent coal mine require it.
Ala. Code § 25-4-150 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-150
Section 25-4-150 Payment of Fringe Benefits for Employees of Local Boards of Education
Status: in_force

Such moneys as are necessary to finance the fringe benefit costs for employees of local boards of education shall be paid by the local board of education from such funds as the salaries of the local boards’ of education employees are paid.
Ala. Code § 25-4-3 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-3
Section 25-4-3 Benefit Year
Status: in_force

“Benefit year,” as used in this chapter with respect to any individual, means the one-year period beginning with the first day of the first week with respect to which an individual who is unemployed first files a valid claim for benefits or a claim is filed by an employer on behalf of an employee working less than full time, and thereafter the one-year period beginning with the first day of the first week with respect to which such individual next files a valid claim for benefits or such claim is filed by an employer on behalf of an employee working less than full time, after the termination of his last preceding benefit year. A claim by any such unemployed individual, or a claim filed by an employer on behalf of an employee working less than full time, made in accordance with Section 25-4-90 shall be deemed to be a “valid claim” for the purposes of this section if the individual or such employee working less than full time for whom a claim is filed by an employer, has earned the wages for insured work required under subdivision (a)(5) of Section 25-4-77. Notwithstanding the provisions of this section, if, by reason of a disqualification imposed under subdivision (3) of Section 25-4-78, the individual is not entitled to benefits on account of the wages paid to him in what normally would be his base period, no benefit year shall be established. No other disqualification under Section 25-4-78 and no holding of ineligibility under subdivision (a)(3) of Section 25-4-77 shall make a claim invalid or prevent the establishment of a benefit year.
Ala. Code § 25-9-40 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-40
Section 25-9-40 Use of Protective Clothing, Etc
Status: in_force

(a) Welders and helpers shall use proper shields or goggles to protect their eyes.

(b) Employees engaged in haulage operations and other persons employed around moving equipment on the surface and underground shall wear snug-fitting clothing.

(c) Protective gloves shall be worn when material which may injure the hands is handled, but gloves with gauntleted cuffs shall not be worn around moving equipment.

(d) Men exposed for short periods to gas, dust, fume, and mist inhalation hazards shall wear permissible respiratory equipment. When the exposure is for prolonged periods, other measures to protect workmen or to reduce the hazard shall be taken.
Ala. Code § 25-12-18 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-18
Section 25-12-18 Disposition of Fees. (Amended by Act 2026-539)
Status: in_force

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

The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his or her deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the secretary. Pressure vessel certificates of inspection fees shall not exceed ten dollars ($10) annually. The chief inspector shall transfer all fees received to a separate fund in the State Treasury to the credit of the department for its operation. All funds, pursuant to this chapter, deposited in the State Treasury shall be appropriated by the Legislature to the Secretary of Labor pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. All fees collected above the appropriated amount shall be transferred to the General Fund at the end of each fiscal year.
Ala. Code § 25-7-34 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-34
Section 25-7-34 Employer Not to Require Payment of Union Dues, Etc., as Condition of Employment, Etc
Status: in_force

No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization.
Ala. Code § 25-4-138 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-138
Section 25-4-138 Agreement to Waive Right to Benefits; Agreement to Pay Employer’s Contributions; Reduction of Wages to Finance Employer’s Contributions
Status: in_force

Any agreement by an employee to waive or release his rights to benefits or any other rights under this chapter shall be void. Any agreement by an employee to pay all or any portion of his employer’s contributions, required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any reduction from wages to finance the employer’s contributions required of him, or require or accept any waiver of any right hereunder by any employee in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall be guilty of a misdemeanor and upon conviction, for each offense be fined not less than $25.00 nor more than $100.00 or be imprisoned for not more than 60 days, or both.
Ala. Code § 25-9-363 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-363
Section 25-9-363 Quarterly Reports of Mine Operators
Status: in_force

The operator of every coal mine shall make to the department a correct report each three months of the calendar year specifying the name of the owner and operator of the mine and the location of the offices of said coal mine or mines and the quantity and kind of coal produced in each such mine for each such calendar quarter. Said report shall be furnished on or before April 15, July 15, October 15, and January 15, covering the previous three months’ operation of said mine. Said report shall be prima facie evidence of the information contained therein and shall be in such form and give such additional information regarding said mines as may be, from time to time, required and prescribed by the department. Blank forms for such reports shall be furnished to said owner or operator by the department.
Ala. Code § 25-5-66 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-66
Section 25-5-66 Disposition of Compensation Upon Remarriage of Widow of Employee Who Has Another Dependent
Status: in_force

(a) In case of the remarriage of the surviving spouse of an employee who has another dependent, the unpaid balance of compensation, which would otherwise become due, shall be paid to the dependent or may, on approval by the court, be paid to some suitable person designated by the court for the use and benefit of the dependent. Payment to that person shall discharge the employer from any further liability.

(b) Subsection (a) does not apply to the surviving spouse of a law enforcement officer or firefighter who was killed as a result of injuries received while engaged in the performance of his or her duties.
Ala. Code § 25-2-21 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-21
Section 25-2-21 Review of Rules or Regulations - Commencement of Action in Circuit Court
Status: in_force

Any employer, owner or other person in interest, being dissatisfied with any rule or regulation of the board of appeals, may commence an action in the circuit court of the county wherein such employer, owner, or other person in interest resides, or has his or its principal place of business against the Secretary of Labor as defendant to enjoin and set aside any such rule or regulation on the ground that it is invalid or unreasonable. The defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy or second original by the sheriff or any deputy sheriff of any county wherein the Secretary of Labor may be found, or by filing a copy in the office of the Secretary of Labor.
Ala. Code § 25-5-31 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-31
Section 25-5-31 Right of Action for Damages for Injuries or Death of Employee
Status: in_force

When personal injury or death is caused to an employee by an accident arising out of and in the course of his employment, of which injury the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he, or in case of death, his personal representative, for the exclusive benefit of the surviving spouse and next of kin, shall receive compensation by way of damages therefor from the employer; provided, that the injury or death was not caused by the wilful misconduct of the employee or was not due to misconduct on his part, as defined in Section 25-5-51.
Ala. Code § 25-4-71 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-71
Section 25-4-71 When Individuals Deemed Unemployed
Status: in_force

An individual shall be deemed totally unemployed in any week during which he performs no services and with respect to which no wages are payable to him, and shall be deemed partially unemployed in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount. The secretary shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs and other forms of short-time work, as the secretary deems necessary. Wages are deemed to be payable to an individual working on a commission basis with respect to each week in which he works.
Ala. Code § 25-5-13 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-13
Section 25-5-13 Applicability of Chapter
Status: in_force

(a) This chapter shall be applicable to the employees of all counties and all municipalities having populations greater than 2,000 according to the most recent federal decennial census, and shall govern in their employment. This chapter shall be applicable also to the employees of all county and city boards of education, the Alabama Institute for the Deaf and Blind, and all employees of the two-year colleges under the control of the State Board of Education, and shall govern in their employment. The employees of all school systems and institutions, counties, and each municipality covered under this section shall have available to them all the rights and remedies provided under this chapter. The governing bodies of all school systems and institutions, counties, and of each municipality covered under this section shall file all necessary employer reports and notices required at the times and in the manner prescribed in this chapter.

(b) Notwithstanding subsection (a) of this section, this chapter shall not apply to any city (excepting school districts and institutions) which has a population of 250,000 or more according to the last or any subsequent decennial federal census, to any park and recreation board now or hereafter established for those cities, to any board or agency now or hereafter authorized and established by the governing body of those cities, nor to employees of the city or of any board or agency.
Ala. Code § 25-7-5 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-5
Section 25-7-5 Labor Organizations to File Copies of Constitutions, Bylaws, and Amendments Thereto; Annual Reports
Status: in_force

(a) Every labor organization functioning in Alabama, and every labor organization hereafter desiring to function in Alabama shall, before doing so, file a copy of its constitution and its bylaws and a copy of the constitution and bylaws of the national or international union, if any, to which the labor organization belongs, with the Department of Labor, but this provision shall not be construed to require the filing of any ritual relating solely to the initiation or reception of members. All changes or amendments to the constitution or bylaws, local, national, or international, adopted subsequent to their original filing must be filed with the Department of Labor within 30 days after the adoption thereof.

(b) Every labor organization functioning in the State of Alabama and having 25 or more members in any calendar year shall file annually, on or before March 31, or, if the organization’s fiscal year does not coincide with the calendar year, within 90 days after the close of the organization’s fiscal year, with every member of their respective labor organizations and with the Secretary of the Department of Labor, a report in writing showing certain facts hereinafter required as of the close of business on the last day of the previous calendar or fiscal year. Such report shall be filed by the secretary or business agent of such labor organization and shall show the following facts:

(1) The name of the labor organization;

(2) The location of its principal office and its offices in Alabama;

(3) The name of the president, secretary, treasurer, and other officers and business agents, together with the salaries, wages, bonuses, and other remuneration paid each and post office address of each;

(4) The date of the regular election of officers of such labor organization;

(5) The number of its paid up members;

(6) A complete financial statement of all fees, dues, fines, or assessments levied and/or received, together with an itemized list of all disbursements, with the names of recipients and purpose therefor, covering the preceding 12 months; and

(7) A complete statement of all property owned by the labor organization, including any moneys on hand or accredited to such labor organization.

The report shall be duly verified by the oath of the president, secretary, or some other regularly selected and acting officer of such labor organization having knowledge of the facts therein stated. It shall be the duty of the Secretary of Labor to cause to be printed and to make available to the public forms for making such report. The Secretary of Labor shall receive, file, and index the reports provided for in this section.

(c) The records provided for in this section shall be made available by the Secretary of Labor in his or her office to the Governor of Alabama for examination.

(d) It shall be unlawful for any fiscal or other officer or agent of any labor organization to collect or accept payment of any dues, fees, assessments, fines, or any other moneys from any member while such labor organization is in default with respect to filing the annual report required in this section.
Ala. Code § 25-8-34 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-34
Section 25-8-34 Department of Labor May Declare Place or Occupation Dangerous or Injurious
Status: in_force

The Alabama Department of Labor, hereinafter referred to as “the department,” may declare any place or occupation dangerous to life or limb or injurious to health or morals of persons under 18 years of age.
Ala. Code § 25-2-3 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-3
Section 25-2-3 Divisions; Officers; Personnel; Coordination of Functions
Status: in_force

(a) The Secretary of Workforce, with the approval of the Governor, may establish such division or divisions as, in his or her discretion, may be necessary or desirable for the administration or enforcement of any law or any rule or regulations with which the Department of Workforce is charged or the performance of any of its functions or duties. Each division in the Department of Workforce shall be headed by and be under the direction, supervision, and control of an officer who shall be designated as the chief of such division. All chiefs of divisions shall be appointed by the Secretary of Workforce, subject to the Merit System. Before entering upon the discharge of their duties, the chiefs of divisions shall take the constitutional oath of office. Each of the officers shall devote his or her full time to his or her official duties and shall hold no other lucrative position while serving as such.

(b) In addition to any other exempt positions allowed by law, the department shall have three additional exempt positions. The division employees serving in the exempt service shall not be subject to the Merit System or receive Merit System benefits, and their compensation shall be determined by the secretary.

(c) It is one of the purposes of this chapter to coordinate in a single Unemployment Compensation Division all of the state’s unemployment compensation services. Unemployment compensation services shall be in one division of the Department of Workforce under the direction of the chief of the division. The salary of the division chief may be paid from federal grants and shall be comparable to those paid similar officers in comparable states, notwithstanding any limitation or maximum in any other law. The secretary may employ personnel who shall serve in the classified service of the Merit System to carry out the duties of this division.

(d) It is another purpose of this chapter to coordinate in a single Workforce Pathways Division, all of the department’s workforce development functions and workforce funding mechanisms, including the Alabama Workforce Board; the regional workforce boards; the Employment Service and Alabama Career Center System; the Alabama Office of Apprenticeship; the Alabama STEM Council; the Office of Education and Workforce Statistics; programs funded by Title I of the federal Workforce Innovation and Opportunity Act; the Alabama Committee on Credentialing and Career Pathways; the Alabama Committee on Credential Quality and Transparency; the Workforce and Labor Market Information Grants for states grant program and the Labor Market Division; the Federal Bonding Program; the federal Jobs for Veterans State Grants Program; and the federal Work Opportunity Tax Credit. The secretary may employ a division chief of the Workforce Pathways Division who shall serve in the exempt service. The secretary may employ personnel who shall serve in the classified service of the Merit System to carry out the duties of this division. It is the intent of the Legislature that the Workforce Pathways Division of the Department of Workforce serve as the centralized data and information repository for the workforce development activities of the state.
Ala. Code § 25-5-86 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-86
Section 25-5-86 Remedy for Default Upon Periodic Compensation Payments; Exemption of Compensation Claims, Etc., from Garnishment, Etc
Status: in_force

For purposes of this article and Article 4 of this chapter:

(1) If the award, order, or settlement agreement is payable in installments and default has been made in the payment of an installment, the owner or interested party may, upon the expiration of 30 days from the default and upon five days’ notice to the defaulting employer or defendant, move for a modification of the award or settlement agreement by ascertaining the present value of the case, including the 15 percent penalty provision of Section 25-5-59, under the rule of computation contained in Section 25-5-85, and upon which execution may issue. The defaulting employer may relieve itself of the execution by entering into a good and sufficient bond, to be approved by the judge, securing the payment of all future installments, and forthwith paying all past due installments with interest and penalty thereon since due. The bond shall be recorded upon the minutes of the court.

(2) Claims for compensation, awards, judgments, or agreements to pay compensation owned by an injured employee or his or her dependent shall not be assignable and shall be exempt from seizure or sale or garnishment for the payment of any debt or liability.
Ala. Code § 25-9-302 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-302
Section 25-9-302 Map of Mine - Incomplete, Inaccurate, or Imperfect Maps
Status: in_force

If the department shall find that any map or plan of any coal mine made or furnished in pursuance of the provisions of this article is materially incomplete, inaccurate, or imperfect, then it may cause a correct survey and map or plan of said mine to be made at the expense of the operator thereof, the cost of which shall be recoverable from said operator as other debts are recoverable by law. When the department shall cause a new survey and map or plan of such coal mine and it is found that the map or plan furnished by the operator was substantially correct, then the cost of the survey, map, or plan caused to be made by the department shall be paid by the state.
Ala. Code § 25-4-9 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-9
Section 25-4-9 Employing Unit
Status: in_force

“Employing unit,” as used in this chapter, means any individual or type of organization, including any partnership, association, trust estate, joint stock company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has, or subsequent to January 1, 1935, had in its employ one or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter.
Ala. Code § 25-9-68 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-68
Section 25-9-68 Jurisdiction of Chief in Rescue and Recovery Work; Consultation and Guidance
Status: in_force

All rescue or recovery work performed by these crews shall be under the jurisdiction of the chief. The division shall consult with company officials, representatives of the Mine Safety and Health Administration and representatives of the miners, and all should be in agreement as far as possible on the proper procedure for rescue and recovery. In all instances, procedures shall be guided by the mine rescue apparatus and auxiliary equipment manuals.
Ala. Code § 25-16-3 — Alabama Code / Title 25 / Chapter 16 / Section 25-16-3
Section 25-16-3 Membership
Status: in_force

(a) The membership of the STEM Council shall consist of all of the following: (1) Two members appointed by the Governor with expertise in STEM education or workforce development. (2) Two members appointed by the Secretary of Workforce with expertise in workforce development. (3) The following public officials or their designees: a. The Chair of the Alabama Workforce Board. b. The Secretary of Commerce. c. The Secretary of Early Childhood Education. d. The State Superintendent of Education. e. The Chancellor of the Alabama Community College System. f. The Executive Director of the Alabama Commission on Higher Education. (4) One member appointed by the Governor from each of the state’s workforce regions. (5) Additional members appointed by the Governor and Secretary of Workforce as representatives of the state’s STEM stakeholders, including STEM industry representatives, formal STEM education organizations, and informal STEM education organizations. (b) The appointing authorities shall coordinate their appointments to assure the council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. (c) STEM Council members shall serve until their successors are appointed. A vacancy shall be filled in the manner provide for the original appointment. An individual appointed to fill a vacancy on the council shall serve only for the remaining unexpired portion of the term. (d) Each council member shall serve at the pleasure of the appointing authority for a four-year renewable term. (e) Members of the STEM Council shall serve without compensation except for reimbursement for reasonable travel and other expenses actually incurred as an incident to their service on the council as approved by the Chair of the STEM Council. Expenses shall be paid using any funds appropriated for use by the council in the same manner as is provided by law for state officers and employees.

(1) Two members appointed by the Governor with expertise in STEM education or workforce development.

(2) Two members appointed by the Secretary of Workforce with expertise in workforce development.

(3) The following public officials or their designees:

a. The Chair of the Alabama Workforce Board.

b. The Secretary of Commerce.

c. The Secretary of Early Childhood Education.

d. The State Superintendent of Education.

e. The Chancellor of the Alabama Community College System.

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

(4) One member appointed by the Governor from each of the state’s workforce regions.

(5) Additional members appointed by the Governor and Secretary of Workforce as representatives of the state’s STEM stakeholders, including STEM industry representatives, formal STEM education organizations, and informal STEM education organizations.

(b) The appointing authorities shall coordinate their appointments to assure the council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) STEM Council members shall serve until their successors are appointed. A vacancy shall be filled in the manner provide for the original appointment. An individual appointed to fill a vacancy on the council shall serve only for the remaining unexpired portion of the term.

(d) Each council member shall serve at the pleasure of the appointing authority for a four-year renewable term.

(e) Members of the STEM Council shall serve without compensation except for reimbursement for reasonable travel and other expenses actually incurred as an incident to their service on the council as approved by the Chair of the STEM Council. Expenses shall be paid using any funds appropriated for use by the council in the same manner as is provided by law for state officers and employees.
Ala. Code § 25-2-25 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-25
Section 25-2-25 Penalties for Violations of Chapter or Rules or Regulations of Board of Appeals; False Statements Under Oath
Status: in_force

Any person who violates or fails or refuses to comply with any requirement of this chapter or any lawful rule or regulation of the board of appeals adopted pursuant thereto, for which no penalty has been otherwise provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $10.00 nor more than $100.00 or shall be imprisoned for not more than six months, or both so fined and imprisoned, for each such offense. Each day such violation, omission, failure, or refusal continues shall be deemed a separate offense. Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statement or false evidence under oath to the Secretary of Labor, or an officer of the Department of Labor designated by him or to any member of the board of appeals, shall be guilty of perjury.
Ala. Code § 25-5-30 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-30
Section 25-5-30 Applicability of Article; Article Deemed Extension or Modification of Common Law
Status: in_force

This article shall not apply in cases where Article 3 of this chapter becomes operative in accordance with the provisions thereof, but shall apply in all other cases, and in such cases shall be an extension or modification of the common law.
Ala. Code § 25-2-16 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-16
Section 25-2-16 Board of Appeals - Promulgation, Amendment, Etc., of Rules and Regulations - Proposals
Status: in_force

Rules and regulations, or amendments or the repeal thereof, except those affecting the administration of Chapter 4 of this title, may from time to time be proposed to the board of appeals by the Secretary of Labor or any officer or employee of the Department of Labor designated by him or any committee of employers, employees, and experts appointed by him for that purpose. All such rules, regulations, and amendments shall be for the purpose of making more definite and certain the duties of employers as set forth in this chapter, and any rule, regulation or amendment, excepting those affecting administration of Chapter 4 of this title, which does not conform to the standards herein set forth, shall be invalid. The Secretary of Labor shall deliver to any person making application therefor a copy of all rules and regulations as from time to time promulgated under any of the provisions of this chapter.
Ala. Code § 25-5-56 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-56
Section 25-5-56 Settlements Between Parties
Status: in_force

The interested parties may settle all matters of benefits, whether involving compensation, medical payments, or rehabilitation, and all questions arising under this article and Article 4 of this chapter between themselves, and every settlement shall be in an amount the same as the amounts or benefits stipulated in this article. No settlement for an amount less than the amounts or benefits stipulated in this article shall be valid for any purpose, unless a judge of the court where the claim for compensation under this chapter is entitled to be made, or upon the written consent of the parties, a judge of the court determines that it is for the best interest of the employee or the employee’s dependent to accept a lesser sum and approves the settlement. The court shall not approve any settlement unless and until it has first made inquiry into the bona fides of a claimant’s claim and the liability of the defendant; and if deemed advisable, the court may hold a hearing thereon. Settlements made may be vacated for fraud, undue influence, or coercion, upon application made to the judge approving the settlement at any time not later than six months after the date of settlement. Upon settlements being approved, judgment shall be entered thereon and duly entered on the records of the court in the same manner and have the same effect as other judgments or as an award if the settlement is not for a lump sum. All moneys voluntarily paid by the employer or insurance carrier to an injured employee in advance of agreement or award shall be treated as advance payments on account of the compensation. In order to encourage advance payments, it is expressly provided that the payments shall not be construed as an admission of liability but shall be without prejudice.
Ala. Code § 25-10-10 — Alabama Code / Title 25 / Chapter 10 / Section 25-10-10
Section 25-10-10 Liberal Construction of Chapter
Status: in_force

This chapter shall be liberally construed to carry out its purposes and objectives of assisting small businesses to successfully enter and remain in the economic mainstream and to otherwise achieve the statement of legislative policy contained herein.
Ala. Code § 25-1-4 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-4
Section 25-1-4 Involuntary Implantation of Microchip or Other Permanent Identification Marker
Status: in_force

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

(1) MICROCHIP. A device subcutaneously implanted in an individual that is passively or actively capable of transmitting personal information to another device using radio frequency technology.

(2) VOLUNTARILY. Performed consciously as a result of effort or determination and without an incentive, inducement, or coercion. The term shall include, but not be limited to, the receiving by any individual, as a result of a free will decision of that individual, of an implanted device used in the diagnosis, monitoring, treatment, or prevention of a health condition that only transmits information necessary to carry out the diagnosis, monitoring, treatment, or prevention of that health condition.

(b)(1) It is unlawful for an employer, as a condition of employment, to require an employee to be implanted with a microchip or other permanent identification marker.

(2) It is unlawful for any individual including, but not limited to, any of the following individuals to require another individual to be implanted with a microchip or other permanent identification marker:

a. An officer or employee of this state or a political subdivision of this state.

b. An individual licensed to sell or provide insurance pursuant to Title 27

c. An individual licensed to participate in a business related to bail pursuant to the Alabama Bail Bond Regulatory Act, Article 8, commencing with Section 15-13-200 of Chapter 13, Title 15.

(c) This section may not be construed to prohibit an individual from voluntarily electing to be implanted with a microchip or other permanent identification marker.

(d) An individual who violates this section is guilty of a Class D felony.
Ala. Code § 25-4-70 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-70
Section 25-4-70 Accrual; Time and Manner of Payment; Services in Employ of Indian Tribe
Status: in_force

(a) After contributions have been due under this chapter for two years, benefits shall become payable from the fund to any employee who thereafter is or becomes unemployed and eligible for benefits, and shall be paid through unemployment offices or such other agencies at such times and in such manner as the secretary may prescribe.

(b) Benefits based on service in employment defined in subdivisions (a)(2) and (a)(3) of Section 25-4-10 shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this chapter; except, that:

(1) With respect to any week of unemployment beginning after December 31, 1977, benefits shall not be paid based on service in an instructional, research, or principal administrative capacity for any educational institution for any such week commencing during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.

(2) With respect to any week of unemployment beginning after April 3, 1983, benefits shall not be paid on the basis of service in any other capacity for an educational institution, to any individual for any such week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if compensation is denied to any individual under this subdivision (2) for weeks of unemployment beginning on or after April 3, 1983, and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision (2); provided further that such individual has given notice that the opportunity to return was not offered or was withdrawn to the secretary in such manner and within such time as the secretary by regulation shall prescribe.

(3) With respect to any week of unemployment beginning on or after April 1, 1984, benefits shall not be paid based on services in any capacity described in subdivisions (1) and (2) to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess. The term “employment” shall include services performed in the employ of an Indian tribe, as herein defined, provided such service is excluded from employment as defined in FUTA by reason of Section 3306(c)(7), and is not otherwise excluded from employment under this chapter for purposes of this section. The exclusion from employment in Section 25-4-10(b) shall be applicable to services performed in the employ of an Indian tribe.

(4) With respect to any week of unemployment beginning on or after April 1, 1984, benefits shall not be paid on the basis of services described in subdivisions (1) and (2) of this subsection in any such capacities as specified in subdivisions (1), (2), and (3) to any individual who performed such services in an educational institution while in the employ of an educational service agency. For the purposes of this subdivision the term “educational service agency” shall mean a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

(5) With respect to weeks of unemployment beginning on or after April 1, 1984, benefits shall not be paid with respect to services to which Sections 25-4-8(a)(7), 25-4-8(a)(8), 25-4-10(a)(2) and 25-4-10(a)(3) apply, if such services are provided to or on behalf of an educational institution, under the same circumstances and subject to the same terms and conditions as described in subdivisions (1), (2), (3), and (4) of this subsection.

(6) With respect to weeks of unemployment beginning before April 1, 1984, benefits shall be paid on the basis of this section prior to that date.

(7) For the purposes of this subsection, the term “reasonable assurance” means a written, verbal, or implied agreement that the employee will perform services during the ensuing academic year or term and the term “contract” is intended to include tenure status.

(c) Benefits paid based on services in the employ of an Indian tribe shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this chapter.

(d) Notwithstanding any provision of law, with respect to any week of unemployment beginning on or after May 1, 2015, benefits based on service in employment defined in subdivision (1) of subsection (a) of Section 25-4-10 may not be paid with respect to services rendered to an educational institution, when the services are performed by an individual employed by an employer primarily or exclusively engaged in the provision of its employees to perform work for educational institutions, for any week commencing during the period between two successive academic years or terms, or for any week which commences during an established and customary vacation period or holiday recess, if the individual performs services for the educational institution in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that such individual will perform the same or similar services for the educational institution in the period immediately following the vacation period or holiday recess. This subsection applies regardless of whether the employer qualifies for exemption from federal employment tax under 26 U.S.C. 501(a) and regardless of whether the employer is a religious, charitable, or educational institution or organization. For purposes of this subsection, the term reasonable assurance shall have the same meaning as set out in subdivision (7) of subsection (b) of this section.
Ala. Code § 25-9-213 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-213
Section 25-9-213 Clearances, Crossovers, and Shelter Holes on Haulage Roads
Status: in_force

(a) Haulage roads on entries developed after August 12, 1949, shall have a continuous unobstructed clearance of at least 24 inches from the farthest projection of moving equipment, on the clearance side.

(b) On haulage roads where trolley lines are used, the clearance shall be on the side opposite the trolley lines.

(c) On the trolley wire or “tight” side, there shall be six inches of clearance on track haulages developed prior to March 30, 1970, and 12 inches of clearance on track haulages developed after that date.

(d) After August 12, 1949, all new sidetracks, partings, or entries equipped with more than one track shall have a clearance of at least 24 inches between the outermost projection of moving traffic.

(e) The clearance space on all haulage roads on entries driven before or after August 12, 1949, shall be kept free of loose rock, coal, supplies, or other materials; provided, that not more than 24 inches need be kept free of such obstructions.

(f) In those exceptional instances where extremely thin seams of coal entail taking more rock than coal, the provisions of subsections (a) and (e) of this section shall be modified for room entries, such modification to be by the chief in writing; provided, that all persons shall be instructed to and required to use shelter holes when trips or cars are passing.

(g) In those exceptional instances where extremely bad roof conditions in thin seams require special timbering, the unobstructed clearance provided for in subsections (a) and (e) of this section may be regarded as measured from the rib or gob line, collar legs notwithstanding.

(h) Ample clearance shall be provided at all points where supplies are loaded or unloaded along haulage roads or conveyors.

(i) Where it is necessary for men to cross conveyors regularly and where the width of conveyors or low roof introduces a hazard, suitable crossover bridges shall be provided.

(j) Shelter holes shall be provided along haulage entries driven after August 12, 1949, where locomotive, rope, or animal haulage is used. Such shelter holes shall be spaced not more than 80 feet apart. Except where the trolley wire is six feet six inches or more above the roadbed or guarded effectively at the shelter holes, they shall be on the side of the entry opposite the trolley wire.

(k) Shelter holes made after August 12, 1949, shall be at least five feet in depth, not more than four feet in width and six feet in height or as high as the traveling space if the traveling space is less than six feet high. Room necks and cross cuts may be used as shelter holes even though their width exceeds four feet.

(l) Shelter holes shall be kept clear of refuse and other obstructions.

(m) Shelter holes shall be provided at switch throws, except where more than six feet of clearance is maintained and at room switches.

(n) At each landing of a slope where men are passing and cars are handled, a shelter hole at least 10 feet deep, four feet wide, and six feet high shall be provided.

(o) Where the only travelway to or from work is an incline plane, rope, or locomotive roads on which men travel on foot while such incline planes, rope, or locomotive roads are used for hoisting or haulage, shelter holes as specified in subsection (k) of this section shall be provided at not more than 80 foot intervals. These shelter holes shall be provided even though the travelway was driven prior to August 12, 1949; except, that they will not be required on locomotive roads where six feet or more clearance exists from the outermost projection of moving traffic, nor in those cases where adequate safeguards have been provided to secure men against exposure to danger from wrecks and such safeguards are approved by the division.
Ala. Code § 25-12-7 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-7
Section 25-12-7 Exceptions. (Amended by Act 2026-539)
Status: in_force

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

(a) This chapter shall not apply to the following boilers and pressure vessels:

(1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193.

(2) Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation.

(3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.

(4) Air tanks installed on the right of way of railroads and used directly in the operation of trains.

(5) Pressure vessels that do not exceed any of the following weights and measures:

a. Five cubic feet in volume and 250 psig pressure.

b. One and one-half cubic feet in volume and 600 psig pressure.

c. An inside diameter of six inches with no limitation on pressure.

(6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size.

(7) Pressure vessels with a nominal water containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion.

(8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:

a. A heat input of 200,000 BTU per hour.

b. A water temperature of 210 degrees Fahrenheit.

c. A nominal water containing capacity of 120 gallons.

(9) Hot water supply boilers, equipped with ASME-National Board approved safety relief valves, which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded:

a. Heat input of 200,000 BTU per hour.

b. Water temperature of 210 degrees Fahrenheit.

c. Nominal water containing capacity of 120 gallons.

(10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels.

(11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII.

(12) Boilers and pressure vessels operated and maintained for the production and generation of electricity. A person, firm, partnership, or corporation operating such a boiler or pressure vessel shall have insurance or shall be self-insured. The boiler or pressure vessel shall be regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the secretary in accordance with Section 25-12-10.

(13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process. A person, firm, partnership, or corporation operating such a boiler or pressure vessel shall have insurance or shall be self-insured.

(14) Boiler or pressure vessels that are subject to OSHA standards of compliance.

(15) Boilers and pressure vessels operated and maintained by a public utility, including, but not limited to, boilers and pressure vessels operated and maintained for the production of electricity.

(16) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state.

(b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Section 25-12-14 and Sections 25-12-15 and 25-12-16:

(1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes.

(2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units.

(3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer.

(4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than 10 buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel.

(5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the State Fire Marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered.

(6) Air storage tanks not exceeding 16 cubic feet, 120 gallons, in size and under 250 psig pressure.

(7) This chapter exempts and shall not regulate any and all pressure vessels associated in any way with oil, natural gas, and related by-products, feedstock, and product manufacturing operations; including exploration, production, gas processing, treating refining chemical, pipeline, supply, storage, and transportation. This subdivision shall not apply to buildings or businesses, or both, subject to public utilization.
Ala. Code § 25-9-9 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-9
Section 25-9-9 Certificate of Competency for Fire Bosses and Mine Foremen - Board of Examiners
Status: in_force

(a) There shall be appointed by the Governor a board of examiners, all of whom shall be citizens of this state and hold Alabama mine foreman’s certificates, consisting of the chief or the head mine inspector, as the secretary may designate, together with three active practical miners, three operators of coal mines, and one practicing mining engineer. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The members of this board shall be appointed by the Governor and shall hold office for three years and until their successors are appointed and qualified, and, as nearly as possible, two members shall be appointed one year and three the succeeding year. No member of the board shall serve more than two consecutive terms of office. The chief or the head mine inspector shall be ex officio chair of the board. The chair shall vote only in the case of a tie vote, and, in the absence of one member of the board, a majority of whom shall act. In the event of the failure to have a quorum, the chair shall have the authority to select a qualified person or persons. There shall be paid to each member of the board, except the ex officio chair, who shall serve without extra pay, ten dollars ($10) per day. Each board member shall also be entitled to the same per diem and travel allowance as is provided by law for state employees for each day’s attendance at meetings of the board. The board of examiners shall meet every six months at the office of the chief and shall remain in session not longer than eight days, and special meetings may be called by the chair or a majority of the members of the board. The department shall preserve in its office a record of the meetings and transactions of the board and all certificates issued and revoked.

(b) Commencing on March 7, 2016, the Board of Examiners of Mine Personnel is not subject to review as an enumerated agency under the Alabama Sunset Law.
Ala. Code § 25-9-155 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-155
Section 25-9-155 Operators to Report Fires; Assistance, Etc., of Chief in Extinguishing Fires, Etc
Status: in_force

Immediately upon knowledge of serious fire in or about a mine, the operator shall report by the quickest available means to the chief of the division giving all information known to him. Based on the information, the chief shall take prompt action to go in person or dispatch qualified subordinates to the scene of the fire for consultation, and assist in the extinguishing of the fire and the protection of exposed persons. In event of difference of opinion as to measures required, the decision of the chief or his designated subordinate shall be final, but must be given to the operator in writing to have the force of an order.
Ala. Code § 25-5-202 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-202
Section 25-5-202 Applicability of Article
Status: in_force

The provisions of this article shall apply to all cases of occupational exposure to radiation, or injury, disability, or death therefrom, in which the last exposure to hazards of such radiation occurred after September 7, 1967, except as provided in Section 25-5-198.
Ala. Code § 25-5-88 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-88
Section 25-5-88 Proceedings for Determination of Disputed Claims for Compensation - Commencement of Action, Etc
Status: in_force

Either party to a controversy arising under this article and Article 2 of this chapter may file a verified complaint in the circuit court of the county which would have jurisdiction of an action between the same parties arising out of tort, which shall set forth the names and residences of the parties and the circumstances relating to the employment at the time of the injury, with a full description of the injury, its nature and extent, the amount of the average earnings received by the employee which would affect his compensation under this article and Article 2 of this chapter, the knowledge of the employer of the injury or the notice to him thereof, which must be of the kind provided for in this article and Article 2 of this chapter and such other facts as may be necessary to enable the court to determine what, if any, compensation the employee or, in case of a deceased employee, his dependents, are entitled to under this article and Article 2 of this chapter. The complaint shall be filed with the clerk of the circuit court, who shall cause summons to be issued thereon requiring the defendant to come in and answer said complaint within 30 days of the service thereof. Thereafter, said action shall proceed in accordance with and shall be governed by the same rules and statutes as govern civil actions, except as otherwise provided in this article and Article 2 of this chapter, and except that all civil actions filed hereunder shall be preferred actions and shall be set down and tried as expeditiously as possible. At the hearing or any adjournment thereof the court shall hear such witnesses as may be presented by each party, and in a summary manner without a jury, unless one is demanded to try the issue of willful misconduct on the part of the employee, shall decide the controversy. This determination shall be filed in writing with the clerk of said court, and judgment shall be entered thereon in the same manner as in civil actions tried in the said circuit court and shall contain a statement of the law and facts and conclusions as determined by said judge. Subsequent proceedings thereon shall only be for the recovery of moneys thereby determined to be due, but nothing in this section contained shall be construed as limiting the jurisdiction of the Court of Civil Appeals to review questions of law by certiorari.
Ala. Code § 25-9-135 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-135
Section 25-9-135 Blasting Cables
Status: in_force

Blasting cables shall be:

(1) Kept well insulated and as long as may be necessary to permit the shot firer to get in a safe place around a corner.

(2) Short circuited at the battery end until ready to attach to the blasting unit.

(3) Staggered as to length or kept well separated when attached to the detonator leg wires.

(4) Kept clear of power wires and all other possible sources of active or stray currents.
Ala. Code § 25-5-253 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-253
Section 25-5-253 Bylaws
Status: in_force

(a) Within 120 days after their appointment, the board of directors shall propose to the Secretary of the Department of Labor a set of bylaws for the operation and administration of the association. The bylaws shall not be effective until approved by the Secretary of the Department of Labor. If the board of directors fails to submit bylaws or if the Secretary of the Department of Labor does not approve the submitted bylaws, then the Secretary of the Department of Labor may promulgate, subject to the provisions of the Administrative Procedure Act, appropriate rules and regulations for the administration of the association.

(b) The bylaws may be amended from time to time by proposal of the board of directors approved by the Secretary of the Department of Labor.

(c) The bylaws shall contain:

(1) Provisions governing the administration of the association.

(2) Provisions governing managing the assets of the association and its financial record keeping.

(3) Procedures by which claims may be filed with the association.

(4) Provisions for the times and places for call of and conduct of meetings of the board of directors.

(5) Procedures for terminating the membership of a member who does not pay assessments when due.

(6) Procedures for recommendations by members of candidates for the board of directors for submission to the Secretary of the Department of Labor.

(7) Such additional provisions as are necessary or proper for carrying out the purposes of the association.
Ala. Code § 25-2-19 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-19
Section 25-2-19 Variations from Rules or Regulations
Status: in_force

If there shall be practical difficulties or unnecessary hardships in carrying out a rule or regulation of the board of appeals, the board may, after a public hearing, make a variation from such requirements if the spirit of the rule and laws shall be observed. Any person affected by such rules, or his agent or attorney, may petition the board for such variations, stating the ground therefor. The board shall fix a date for hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept by the clerk of the board of appeals in the office of the Department of Labor and shall be open to public inspection.
Ala. Code § 25-13-12 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-12
Section 25-13-12 (Amended by Act 2026-539) Issuance of License; Fees; Emergency and Temporary Elevator Mechanic Licenses; Renewal; Continuing Education
Status: in_force

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

(a) Upon approval of an application, the administrator may issue a license which shall be renewable biennially. The fee for such license and for any renewal thereafter shall be set by the board.

(b) Whenever an emergency exists in the state due to disaster, act of God, or work stoppage and the number of persons in the state holding licenses granted by the administrator is insufficient to cope with the emergency, the licensed elevator contractors shall respond as necessary to assure the safety of the public. Any person certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the administrator within five business days after commencing work requiring a license. The administrator shall issue emergency elevator mechanic licenses. The licensed elevator contractor shall furnish proof of competency as the administrator may require. Each such license shall recite that it is valid for a period of 30 days from the date of issuance for particular elevators or geographical areas as the administrator may designate and shall entitle the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. The administrator shall renew an emergency elevator mechanic license during the existence of an emergency. No fee shall be charged for any emergency elevator mechanic license or renewal thereof.

(c) A licensed elevator contractor shall notify the administrator when there are no licensed personnel available to perform elevator work. The licensed elevator contractor may request that the administrator issue temporary elevator mechanic licenses to persons certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. Any person certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall immediately seek a temporary elevator mechanic license from the administrator and shall pay such fee as the board shall determine. Each such license shall recite that it is valid for 30 days from the date of issuance and while the person is employed by the licensed elevator contractor who certified the individual as qualified. The license shall be renewable as long as the shortage of license holders shall continue.

(d)(1) The renewal of all licenses granted under this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing provisions of the regulations of the board. The course shall consist of not less than eight hours of instruction and shall be attended and completed within one year immediately preceding any such license renewal.

(2) The course shall be taught by instructors through continuing education providers and may include, but not be limited to, association seminars and labor training programs. The board shall approve the continuing education providers. All instructors shall be approved by the board and exempt from the requirements of the preceding paragraph with regard to application for license renewal provided that the applicant was qualified as an instructor at any time during the year immediately preceding the scheduled date for such renewal.

(3) A licensee who is unable to complete the continuing education course required under this section prior to the expiration of his or her license due to a temporary disability may apply for a waiver from the board. This shall be on a form provided by the board which shall be signed under the penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary disability. Upon the termination of the temporary disability, the licensee shall submit to the board a certified statement from the same physician, if practicable, attesting to the termination of the temporary disability. At that time a waiver sticker, valid for 90 days, shall be issued to the licensee and affixed to his or her license.

(4) Approved training providers shall keep uniform records, for a period of 10 years, of attendance of licensees following a format approved by the board, and the records shall be available for inspection by the board. Approved training providers shall be responsible for the security of all attendance records and certificates of completion; provided, however, that falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.
Ala. Code § 25-5-61 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-61
Section 25-5-61 Persons Presumed Wholly Dependent
Status: in_force

For the purposes of this article, the following described persons shall be conclusively presumed to be wholly dependent:

(1) The wife, unless it is shown that she was voluntarily living apart from her husband at the time of his injury or death, or unless it is shown that the husband was not in any way contributing to her support and had not in any way contributed to her support for more than 12 months next preceding the occurrence of the injury causing his death;

(2) The husband, unless it is shown that he was voluntarily living apart from his wife at the time of her injury or death, or unless it is shown that the wife was not in any way contributing to his support and had not in any way contributed to his support for more than 12 months next preceding the occurrence of the injury causing her death; and

(3) Minor children under the age of 18 years and those over 18, if physically or mentally incapacitated from earning.
Ala. Code § 25-15-2 — Alabama Code / Title 25 / Chapter 15 / Section 25-15-2
Section 25-15-2 Duties of the Board
Status: in_force

The duties of the Alabama Workforce Board include:

(1) Advising and supporting the Governor, Legislature, and state agencies concerning the administration, development, and continual improvement of the state’s workforce development system consistent with the Strategic Workforce Plan, WIOA, and other federal workforce development programs.

(2) Assisting the Governor in performing the functions set forth in 20 C.F.R. § 679.130 and as contemplated by any other WIOA provision or regulation.

(3) Coordinating the federal WIOA funding component of the state’s workforce development programs.

(4) Developing accountability metrics for state and federal workforce programs, in addition to the metrics already prescribed by law.

(5) Supporting the efforts of the Secretary of Workforce, who shall serve as the principal point of contact for state agencies and departments, public officials, businesses, and the public with respect to all aspects of the state’s workforce development activities.

(6) Consulting with officials, leaders, and experts in workforce development including, but not limited to, federal, state, and local agencies, departments, educational institutions, boards, commissions, the private sector, and other leaders and experts.
Ala. Code § 25-9-253 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-253
Section 25-9-253 Housekeeping Practices
Status: in_force

Good housekeeping shall be practiced in and around mine buildings and yards. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, and broken glass.
Ala. Code § 25-9-20 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-20
Section 25-9-20 Schedule of Mine Inspections
Status: in_force

Mines shall be given one complete inspection every 45 days, and more often if necessary. Special or partial or complete inspections shall be made when deemed necessary by the chief.
Ala. Code § 25-10-8 — Alabama Code / Title 25 / Chapter 10 / Section 25-10-8
Section 25-10-8 Cooperation of Department with Federal Agencies; Adoption of Administrative Rules, Regulations, Etc.; Cooperation of Other State Departments or Agencies with Department
Status: in_force

In the administration of this chapter, the department shall cooperate to the fullest extent consistent with the provisions of this chapter with those agencies of the United States government whose programs are complimentary to the objectives and purposes hereof, and shall take such action, through the adoption of administrative rules, regulations, and standards, as may be necessary to secure to this state and its citizens all advantages available under such federal programs and to otherwise assist the citizens of this state in realizing their full economic potential. Each department or other agency of the state shall cooperate with the department in carrying out the purposes of this chapter and shall, when so requested by the department, submit such reports and information as may be necessary or helpful.
Ala. Code § 25-9-320 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-320
Section 25-9-320 Distance of Mine Workings from Boundary Line of Mine Owner’s Coal Rights
Status: in_force

In no case shall the workings of any coal mine be driven nearer than 15 feet to the boundary line of the coal rights of the owner of said mine, except for the purpose of establishing an underground communication between contiguous mines as provided for elsewhere in this chapter. By mutual consent of adjacent property owners, this distance may be reduced or eliminated entirely, and any operator working up to an abandoned coal mine may be permitted to work to his property line, if approved by the department, but in such cases proper precautions must be taken as provided in this chapter.
Ala. Code § 25-5-340 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-340
Section 25-5-340 Department of Labor to Perform Administrative Duties for Certification of Employers
Status: in_force

The Department of Labor, Workers’ Compensation Division, shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with this article. The department may charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the department of the certification. The certification fees shall be deposited in a revolving account to fund the administrative costs of certification and are hereby appropriated solely for that purpose. Certification of an employer shall be required for each year in which a premium discount is granted.
Ala. Code § 25-2-26 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-26
Section 25-2-26 Disposition and Expenditure of Appropriations and Federal Allotments
Status: in_force

All appropriations heretofore and hereafter to be made for the administration of Chapter 4 of this title and all moneys heretofore or hereafter to be allotted or apportioned by the federal government or the Secretary of Labor or his successor or any other federal agency, department, or bureau or received from any other source to or for the State of Alabama for the administration of Chapter 4 of this title shall be held and deposited in and credited to the Unemployment Compensation Fund and expended solely for such administration. All appropriations heretofore or hereafter to be made for the promotion or maintenance of a system of public employment offices and all moneys heretofore or hereafter to be allotted or apportioned by the federal government or the United States Employment Service or its successor, or any other federal agency pursuant to the provisions of the Wagner-Peyser Act or other act of Congress for the purpose of promoting or maintaining a system of public employment offices, shall be held or deposited in and credited to the Employment Service Fund and expended solely for the purpose of promoting and maintaining such assistance.
Ala. Code § 25-13-7 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-7
Section 25-13-7 Application for License
Status: in_force

(a) Elevator Contractor. Any sole proprietor, firm, or corporation wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalk, or other conveyance installation, alteration, service, replacement, or maintenance within this jurisdiction shall make application for a license with the administrator on a form provided by the administrator.

(b) Elevator Mechanic. Any person wishing to engage in installing, altering, repairing, or servicing an elevator, dumbwaiter, escalator, moving sidewalk installation, alteration, service, replacement, or maintenance within the jurisdiction of this state shall make application for a license with the administrator on a form provided by the administrator.

(c) Inspector. Any person wishing to engage in the business of elevator, dumbwaiter, escalator, moving walk, or platform or stairway chairlift inspections within the jurisdiction of this state shall make application for a license with the administrator on a form to be provided by the administrator. An inspector shall possess those qualifications established by rule of the Department of Labor.

(d) The application for licenses shall contain information for the following provisions:

(1) If a person or sole proprietor, the name, residence address, and business address of the applicant.

(2) If a partnership, the name and residence and business addresses of each partner.

(3) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation. If a corporation other than a domestic corporation, the name and address of a local agent who shall be authorized to accept service of process and official notices.

(4) The number of years the applicant has engaged in the business of installing, inspecting, and maintaining or servicing elevators or platform lifts.

(5) The approximate number of persons, if any, to be employed by the elevator contractor applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers’ compensation insurance.

(6) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury, and property damage insurance.

(7) Criminal record of convictions, if any, as verified by the Department of Public Safety.

(8) If a person or sole proprietor, a statement that the applicant is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(9) Other information as the administrator may require.
Ala. Code § 25-7-45 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-45
Section 25-7-45 Purpose; Legislative Intent
Status: in_force

(a) The purpose of this section is to establish within the Legislature complete control over regulation and policy pertaining to collective bargaining under federal labor laws or the wages, leave, or other employment benefits provided by an employer to an employee, class of employees, or independent contractor in order to ensure that such regulation and policy is applied uniformly throughout the state.

(b) Except as otherwise provided in this article or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon collective bargaining under federal labor laws or the wages, leave, or other employment benefits provided by an employer to an employee, class of employees, or independent contractor to the complete exclusion of any policy, ordinance, rule, or other mandate promulgated or enforced by any county, municipality, or other political subdivision of this state.

(c) The authority of a county, municipality, or other political subdivision of this state to regulate collective bargaining under federal labor laws or the wages, leave, or other benefits provided by an employer to an employee, class of employees, or independent contractor shall not be inferred from its proprietary authority, home rule status, or any other inherent or general power.

(d) Any existing policies, ordinances, rules, or other mandates promulgated or enforced contrary to the terms of this section are null and void, and any future policy, ordinance, rule, or other mandate shall comply with this section.
Ala. Code § 25-8-38 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-38
Section 25-8-38 Posting of Notice of Law; Time Records; Meal or Rest Period; Child Labor Certificate
Status: in_force

(a) Every employer shall keep posted in a conspicuous place where any person under 19 years of age is employed, a printed notice stating the maximum number of hours persons under 19 may be permitted to work on each day of the week as set out in Section 25-8-36. The printed form of the notice shall be furnished by the department. The employment of any person for a longer time period in any day so stated, or at any time other than as stated in the printed form of notice, shall be deemed a violation of this chapter.

(b) Subject to subsection (c), each employer shall keep on the premises at which any person under 19 years of age is employed a completed Employee Information Form and proof of age. Each employer shall also keep on the premises at which any person under 19 years of age is employed, in electronic or photostatic form, time records for the 60 days preceding the last day of the last work period recorded for each employee under 19 years of age, which shall state the number of hours worked each day, starting and ending times, and break times. Each employer shall also maintain, either on the premises where the employee under 19 years of age is employed or at a centralized location, the records required by this section for not less than 1 year preceding the last day of the last work period recorded for each employee under 19 years of age.

(c) For the purposes of this section, the Employee Information Form shall be provided by the department and shall include the employee’s name, home address, telephone number, date of birth, date of hire, and school of attendance. Any employer who does not utilize the Employee Information Form shall maintain on the premises documents containing the employee’s name, home address, telephone number, date of birth, date of hire, and school of attendance for each employee under 19 years of age.

(d) For the purposes of this section, documentation of proof of age may include a copy of a birth certificate, a copy of a driver’s license, or an identification card issued by a federal, state, or local government agency provided the identification card contains the name and date of birth of the employee.

(e) No person 14 or 15 years of age shall be employed for more than five hours continuously without a documented interval of at least 30 minutes for a meal or rest period. Any meal or rest period of less than 30 minutes shall not be considered to interrupt a continuous period of work.

(f) Any employer required to obtain a Child Labor Certificate from the department shall keep the certificate posted at a public and conspicuous location at all times.
Ala. Code § 25-4-50 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-50
Section 25-4-50 Accrual; Time and Manner of Payment by Employers
Status: in_force

Contributions or payments in lieu of contributions shall accrue and become payable by each employer subject to this chapter. Contributions or payments in lieu of contributions shall accrue and become payable by any new employer on and after the date on which he becomes newly subject to this chapter. The contributions or payments in lieu of contributions required under this chapter shall be paid by each employer in such manner and at such times as the secretary may prescribe.
Ala. Code § 25-2-5 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-5
Section 25-2-5 Applicability of Merit System
Status: in_force

Anything in this chapter to the contrary notwithstanding, all employees and officers of the Department of Labor, including the chiefs of divisions but not including the Secretary of Labor, even though he be a chief of a division, shall be subject to the Merit System.
Ala. Code § 25-1-70 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-70
Section 25-1-70 Definitions
Status: in_force

(a) This article shall be known and may be cited as the “Portable Benefits Act.”

(b) For purposes of this article, the following words have the following meanings:

(1) BANK. A banking corporation or trust company entitled to operate within the State of Alabama under Title 5.

(2) HIRING PARTY. A person or entity who hires or enters into a contract for the performance of work with an independent contractor.

(3) PORTABLE BENEFIT ACCOUNT. An account opened by an independent contractor which is:

a. Administered by a portable benefit account provider; and

b. Owned by an independent contractor for the purpose of funding the purchase of one or more benefit plans, including, but not limited to, plans that provide health benefits, income replacement insurance, life insurance, or retirement benefits.

(4) PORTABLE BENEFIT ACCOUNT PROVIDER. The administrator of a portable benefit account and includes:

a. A bank;

b. An investment management firm; and

c. A technology provider or program manager that offers services through a bank or investment management firm.
Ala. Code § 25-9-132 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-132
Section 25-9-132 Underground Transportation of Explosives and Detonators
Status: in_force

(a) Individual containers used to carry permissible explosives or detonators shall be constructed of substantial, nonconductive material, kept closed and maintained in good condition.

(b) When explosives or detonators are transported underground by locomotive, rope, or shuttle car they shall be in covered cars or in special containers.

(1) The bodies and covers of special cars and containers shall be constructed of nonconductive material.

(2) If explosives and detonators are hauled in the same explosives car or in the same special containers, they shall be separated by at least a four-inch substantially fastened hardwood partition or the equivalent.

(3) Where quantities of explosives and detonators are transported in special cars or in special containers in cars, they shall be hauled on a special trip not connected to any other trip, and shall not be hauled into or out of a mine within five minutes preceding or following a man-trip or any other trip.

(4) Explosives or detonators shall not be transported on the same trip with workmen other than those required in the transportation of the explosives or detonators.

(c) Explosives and detonators shall be transported underground by belt only under the following conditions:

(1) In the original and unopened case, in special closed cases constructed of nonconductive material or in suitable individual containers.

(2) Clearance requirements shall be the same as those for transporting men on belts.

(3) Suitable loading and unloading stations shall be provided.

(4) There shall be an attendant at loading and unloading points and stop controls at these points.

(d) Explosives or detonators shall not be transported on flight or shaker conveyors or by scraper or mechanical loading machines.
Ala. Code § 25-5-54 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-54
Section 25-5-54 Presumptions as to Applicability and Acceptance of Provisions of Articles
Status: in_force

Every employer and employee, except as otherwise specifically provided in this article, shall be presumed to have accepted and come under this article and Article 4 of this chapter and the provisions thereof relating to the payment and acceptance of compensation.
Ala. Code § 25-2-27 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-27
Section 25-2-27 Minimizing Adverse Effects on Certain Unemployed and Underemployed Workers
Status: in_force

(a) In order to assist employees who become unemployed or underemployed as the result of a substantial layoff at or the closing of any plant or industry in Alabama, the Secretary of Labor is hereby directed to provide written material which deals with these problems and offers appropriate suggestions to such workers and to meet with management at such plants or industries and with labor organizations or other organizations including such employees in an attempt to minimize the financial burden on such employees.

(b) The Secretary of Labor is authorized to assist and organize cooperative efforts of such employees or groups to which such employees belong in an effort to minimize the adverse impact of such plant or industry layoff or closing upon such employees and the Secretary of Labor is further directed and authorized, to the extent he or she deems advisable, to engage in whatever other acts or agreements which are appropriate to assist financially such employees and groups made up of such employees, provided that the Secretary of Labor is not authorized to require any employer or employee group to involuntarily contribute to a fund or involuntarily take any other action towards such a goal.

(c) If deemed advisable by the Secretary of Labor, the Secretary of Labor shall assist a plant or industry which closes or has a substantial layoff in endeavoring to communicate with the creditors of its unemployed workers concerning the financial difficulty caused to its ex-employees by such layoff or closing. If there is a substantial layoff at a plant or industry or if there is a closing of a plant or industry and if a state chartered credit union includes within its field of membership the employees of such plant or industry, then the board of directors of such state chartered credit union shall determine whether such layoff or closing has adversely affected the credit union. If the board of directors determines that such layoff or closing has adversely affected the credit union, then such credit union may include within its field of membership persons residing in the general geographic areas surrounding the plants or industries served by such credit union. Any such expansion of the field of membership of such credit union shall not be denied or restricted by any provisions of the law of Alabama heretofore enacted. Any such credit union shall endeavor to assist all such unemployed members by granting them extended periods within which to pay indebtedness owed to the credit union, to the extent deemed advisable by its board of directors.

(d) In order to stabilize the share and deposit base of credit unions which may or could be affected by plant or industry closings or by substantial layoffs, any credit union which includes in its field of membership employees of any particular company or companies shall be authorized to accept shares and deposits from such company or companies, subject to such terms and conditions as the board of directors of the credit union may establish, and such company or companies may become a member of the credit union, subject to such terms and conditions as the board of directors of the credit union may establish.

(e) The Secretary of Labor is further directed and authorized to issue rules, to the extent he or she deems advisable, concerning the instances in which employees at plants or industries which have been closed or have been the subject of substantial layoffs and organizations which include employees of such plants or industries may make appropriate disclosures of the financial situation of such employees and may assist the creditors of such workers in locating them and in arranging voluntary payment plans for their debts; provided however that nothing contained in this section shall be construed so as to authorize any activity which violates any federal act or regulation.
Ala. Code § 25-5-58 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-58
Section 25-5-58 Effect of Preexisting Injuries or Infirmities
Status: in_force

If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed.
Ala. Code § 25-9-277 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-277
Section 25-9-277 Handling and Use of Explosives and Detonators
Status: in_force

(a) Only designated persons shall cut, cap, and issue capped fuses and explosives.

(b) When cutting fuse, it shall be cut square across with a sharp clean instrument and the cap crimper used shall be of a type recommended by explosive manufacturers. A bench type crimper is recommended.

(c) No explosives container shall be opened with any metallic instrument.

(d) No person shall remove any explosives from a pit magazine without permission of the pit superintendent, foreman, or a person designated by the operator.

(e) Capped fuse or electric detonators shall not be stored within 50 feet of other explosives, power lines, cables, or other electrical conductors.

(f) Oils or other combustible substances shall not be stored within 50 feet of any explosives.

(g) Detonators shall not be removed from containers except as they are used for capping fuses or, in the case of electric detonators, as they are used in preparing primers, except when placed in other containers as recommended by manufacturers.

(h) Fuse shall not be cut and capped nearer than 50 feet to any explosives magazine.

(i) Paper, sawdust, wooden boxes, or cartons shall be placed at a safe distance from any magazine, and each day’s accumulation shall be removed at the end of the shift.

(j) Fuse shall be cut long enough to extend beyond the collar of a loaded drill hole, and in no case shall it be less than four feet in length.

(k) Small supplies of explosives or detonators stored in a pit shall be stored in magazines constructed in accordance with the specifications set forth in Section 25-9-131. In no case shall more than 200 pounds of explosives be stored at one time in such magazine.

(l) Magazines located in the pit should not be nearer than those standards set forth in the American Table of Distances for Storage of Explosives, a publication of the Institute of Makers of Explosives.

(m) No fuse shall be used that burns faster than one foot in 30 seconds or slower than one foot in 55 seconds according to the manufacturer’s rating.

(n) In capping fuse, at least one inch shall be cut from the end of each coil or roll of fuse used.
Ala. Code § 25-4-14 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-14
Section 25-4-14 State
Status: in_force

“State,” as used in this chapter, includes, in addition to the states of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, and Canada.
Ala. Code § 25-12-22 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-22
Section 25-12-22 Sunset Provision
Status: reserved

Repealed by Act 2016-30, §3, effective February 29, 2016.
Ala. Code § 25-2-17 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-17
Section 25-2-17 Board of Appeals - Promulgation, Amendment, Etc., of Rules and Regulations - Hearings
Status: reserved

Before any rule or regulation is adopted, amended, or repealed by the board of appeals, there shall be a public hearing thereon, notice of which shall be published at least once, not less than 10 days prior thereto, in a daily newspaper published in Montgomery and in such other newspaper or newspapers as the board of appeals may prescribe. Any person interested shall have a right to be heard at such hearing.
Ala. Code § 25-8-33 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-33
Section 25-8-33 Persons Under 16 Years of Age Prohibited from Working; Exceptions; Evidence of Employment
Status: in_force

(a) No individual under 16 years of age shall be employed, except in agricultural service, and except as otherwise provided in this chapter. Any individual 14 or 15 years of age may be employed outside school hours and during school vacation periods, so long as the individual is not employed in, about, or in connection with, any manufacturing or mechanical establishment, cannery, mill, workshop, warehouse, or machine shop or in any occupation or place of employment otherwise prohibited by law. The presence of any individual under 18 years of age in any restricted business establishment or restricted occupation shall be prima facie evidence of his or her employment in the business establishment or occupation.

(b)(1) This section does not apply to an individual 14 years of age or 15 years of age when both of the following are true:

a. The individual is enrolled in either a youth pre-apprenticeship program, youth industry-registry apprenticeship program, or similar program in which employment and work-based learning are an integral part of the course of study.

b. The program the individual is enrolled in is registered by the Alabama Office of Apprenticeship.

(2) This section does not apply to employment procured by an individual 14 years of age or 15 years of age when the employment is supervised through the Alabama Department of Education and approved by the Alabama Department of Labor.
Ala. Code § 25-5-14 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-14
Section 25-5-14 Legislative Findings and Intent as to Actions Filed by Injured Employee Against Officers, Etc., of Same Employer
Status: in_force

The Legislature finds that actions filed on behalf of injured employees against officers, directors, agents, servants, or employees of the same employer seeking to recover damages in excess of amounts received or receivable from the employer under the workers’ compensation statutes of this state and predicated upon claimed negligent or wanton conduct resulting in injuries arising out of and in the course of employment are contrary to the intent of the Legislature in adopting a comprehensive workers’ compensation scheme and are producing a debilitating and adverse effect upon efforts to retain existing, and to attract new industry to this state. Specifically, the existence of such causes of action places this state at a serious disadvantage in comparison to the existing laws of other states with whom this state competes in seeking to attract and retain industrial operations which would provide better job opportunities and increased employment for people in this state. The existence of such causes of action, and the consequent litigation resulting therefrom, results in substantial costs and expenses to employers which, as a practical matter, must either procure additional liability insurance coverage for supervisory and management employees or fund the costs of defense, judgment or settlement from their own resources in order to retain competent and reliable personnel. The existence of such causes of action has a disruptive effect upon the relationship among employees and supervisory and management personnel. There is a total absence of any reliable evidence that the availability of such causes of action has resulted in any reduction of the number or severity of on-the-job accidents or of any substantial improvement on providing safe working conditions and work practices. The intent of the Legislature is to provide complete immunity to employers and limited immunity to officers, directors, agents, servants, or employees of the same employer and to the workers’ compensation insurance carrier and compensation service companies of the employer or any officer, director, agent, servant, or employee of such carrier or company and to labor unions and to any official or representative thereof, from civil liability for all causes of action except those based on willful conduct and such immunity is an essential aspect of the workers’ compensation scheme. The Legislature hereby expressly reaffirms its intent, as set forth in Section 25-5-53, as amended herein, and Sections 25-5-144 and 25-5-194, regarding the exclusivity of the rights and remedies of an injured employee, except as provided for herein.
Ala. Code § 25-9-130 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-130
Section 25-9-130 Permissible Explosives and Blasting Methods Generally; Use of Black Blasting Powder; Use of Dynamite, Etc
Status: in_force

(a) Permissible explosives or permissible blasting methods only shall be used in blasting coal or coal and other material in all mines where on shift.

(b) Black blasting powder shall not be stored or used in underground coal mines.

(c) Prior to use of Cardox or Airdox, both of which are classed as permissible blasting methods, or any other blasting device or method that may later be classed as permissible, the operator must secure written approval from the chief of the division. The chief in granting approval will issue instructions as to storage, transportation, handling, charging, tamping, detonating, and handling misfires. These instructions will be made conditions of the approval, and violations of any of them will be considered violations of this section.

(d) Prior to use of dynamite or any other nonpermissible explosive for blasting in rock tunnels, shafts, etc., the operator must secure written approval from the chief of the division. The chief in granting approval shall issue instructions as to storage, transportation, handling, charging, tamping, detonating, and handling misfires. These instructions shall be made conditions of the approval, and violations of any of them will be considered violations of this section.
Ala. Code § 25-9-280 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-280
Section 25-9-280 Handling of Explosives During Blasting Operations; Warnings, Guards, Etc
Status: in_force

(a) Explosives, excluding blasting agents, must be unloaded in a safe manner and at a safe distance from the blasting place.

(b) If several boxes of explosives, except blasting agents, are deposited near the blasting circuit, the boxes shall be stacked in an orderly manner and protected from the sun by means of canvas or similar material so placed as to allow free circulation of air under the canvas and around the stacked boxes.

(c) Where blasting is carried on in dangerous proximity to public thoroughfares, such thoroughfares shall be blocked off previous to blasting or guards shall be stationed at each end of the endangered portion of such thoroughfare and all traffic shall be halted, with no person or vehicle allowed within the danger zone. Guards shall be provided with a metal sign having the words “Stop - Blasting” plainly printed thereon and shall also use a red flag for warning purposes.

(d) Packages containing explosives shall not be handled roughly, shall not be slid across floors, rocks, or other packages of explosives and shall not be thrown or dropped. Frozen explosives shall not be thawed or used but must be destroyed.
Ala. Code § 25-9-231 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-231
Section 25-9-231 Shop Equipment, Etc
Status: in_force

(a) Gears, sprockets, friction devices, and couplings with protruding bolts or nuts, shafting and projecting shaft ends that are within seven feet of floor or platform level, belt or rope drives that are within seven feet of floor or platform level, fly wheels, and circular and band saws, and planers shall be guarded adequately.

(b) Grinders shall be installed and maintained in such manner that wheel speeds will not exceed rated speeds and reasonable protection is afforded against danger of flying particles and wheel disintegration.

(c) Repair pits shall be kept covered or guarded at all times when not in use to prevent falls into them.

(d) Machinery must be stopped before being lubricated, wiped, or repaired and reasonable precautions must be taken to prevent other persons from restarting them while such work is in progress. This does not apply as to lubrication of machinery that is designed or modified so that lubrication may be performed without exposure to danger from moving parts.
Ala. Code § 25-4-131 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-131
Section 25-4-131 Election of Coverage Under Chapter by Employing Units and Political Subdivisions
Status: in_force

(a) Any employing unit (except one whose employment is specifically exempt under the provisions of subsection (b) of Section 25-4-10) not otherwise subject to this chapter which files with the secretary its written election to become an employer subject hereto for not less than two calendar years shall, with the written approval of such election by the secretary, become an employer subject hereto to the same extent as all other employers as of the date stated in such approval.

(b) Prior to January 1, 1978, any political subdivision of this state may elect at the beginning of any calendar quarter beginning on or after January 1, 1972, for a period of not less than two calendar years, to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in subsections (c) and (e) of Section 25-4-10, operated by such political subdivision. Election is to be made by filing with the secretary a notice of such election at least 30 days prior to the effective date of such election.
Ala. Code § 25-9-90 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-90
Section 25-9-90 Duty of Employees to Report Damage or Unsafe Conditions; Correction of Damage or Unsafe Conditions
Status: in_force

Each employee shall promptly inform his supervisor or the mine foreman of damage to or unsafe condition of any ventilation appliance when known by the employee or of any obstruction in air passages or other interference with normal ventilation of which he has knowledge. The supervisor or mine foreman who knows of or to whom such damage or unsafe condition is reported is responsible for prompt correction.
Ala. Code § 25-5-82 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-82
Section 25-5-82 Compensation for Death to Be Paid Only to United States Residents
Status: in_force

Compensation for the death of an employee shall be paid only to dependents who, at the time of the death of the injured employee, were actually residents of the United States. No right of action to recover damages for the death of an employee shall exist in favor or for the benefit of any person who was not a resident of the United States at the time of the death of such employee.
Ala. Code § 25-1-10 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-10
Section 25-1-10 Affirmative Action Programs; Definition of Minority; American Indians or Alaskan Natives Included
Status: in_force

Notwithstanding any other provision of law, whenever any employer in this state sponsors or initiates a program of affirmative action designed to cure or eradicate the effects of discrimination in employment, and the intent of the program is to affect the recruitment, selection, appointment, promotion, or other personnel procedures or functions in a manner so as to insure equal employment opportunity for minorities, the term “minority” shall include, in addition to any specifically identified ethnic group or other classification, a person who is a citizen or lawful permanent resident of the United States and who can establish by information contained on his or her birth certificate, by tribal records or by other reliable records, that he or she is an American Indian or Alaskan native, having origins in any of the original peoples of North America.
Ala. Code § 25-2-10 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-10
Section 25-2-10 Secretary of Labor - Designated Chief of Unemployment Compensation and Employment Service Division
Status: in_force

The Secretary of Labor shall act as chief and be in immediate charge, supervision and control of the division of the Department of Labor charged with the duties arising under Chapter 4 of this title and the state employment service, thereby coordinating the functions of these two units of the Department of Labor. The Secretary of Labor in assuming these additional duties shall receive no remuneration for such services other than that amount specified as his salary in Section 25-2-6.
Ala. Code § 25-1-60 — Alabama Code / Title 25 / Chapter 1 / Section 25-1-60
Section 25-1-60 Short Title
Status: in_force

This article shall be known and may be cited as the “Adoption Promotion Act.”
Ala. Code § 25-9-7 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-7
Section 25-9-7 Duties of Mine Inspectors Generally; Accompanying of Inspectors on Inspections by Representatives of Miners; Mine Examination Reports
Status: in_force

The duties of mine inspectors are to make examinations of mines to see that all the requirements of this chapter are strictly observed and carried out. They shall examine the equipment, works, and machinery connected with said mines; examine into the state of coal mines as to transportation, ventilation, circulation, and conditions of air, electricity, explosives, timbering, drainage, practices, and general security and perform such other duties as are required by the secretary. At the commencement of any inspection of a coal mine as provided herein, the authorized representative of the miners at the mine at the time of such inspection shall be given an opportunity to accompany the mine inspectors on any such inspection. The mine inspectors shall make a record of all examinations of coal mines, showing the date when made, the condition in which the coal mines are found, the extent to which the laws relating to coal mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this chapter, the number of accidents, injuries received, or deaths in or about the coal mines, the number of persons employed in or by each coal mine, together with all such other facts and information of public interest concerning the condition of coal mines, development, and progress of coal mining in this state as they may think useful and proper, and so much thereof as may be of public interest to be included in their reports. A comprehensive report of each inspection of each coal mine shall promptly be made by the chief to the operator, superintendent, and mine foreman of said coal mine, and said report shall be posted in a conspicuous place at the mine. This report shall be on a form provided for that purpose and compiled by the said chief. The form may be changed by the chief from time to time, as may seem desirable.
Ala. Code § 25-4-147 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-147
Section 25-4-147 Arrest Fee; Disposition of Fees Collected
Status: in_force

In all cases where arrests are made by any of said unemployment insurance fraud investigators or other supervisors charged with the direct enforcement of the fraud provisions of the law, as designated in writing by the secretary of the department, designated by Section 25-4-146 as peace officers, an arrest fee of $5.00 for an arrest resulting in a conviction shall be collected by the proper authorities and promptly turned over to the Secretary of Labor, who shall pay the same into the State Treasury to the credit of the Department of Labor’s unemployment compensation agency’s interest and penalty fund.
Ala. Code § 25-7-43 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-43
Section 25-7-43 Exceptions
Status: in_force

Notwithstanding any provision of this article to the contrary, nothing in this article shall apply to those state employers or employees in state service as defined in Section 36-26-2, or to public employers and employees of state or local educational institutions or systems, or to any ordinance, rule, policy, or other mandate enacted by a county, municipality, or political subdivision of this state relating specifically to public employees or a class of employees employed by or independent contractors hired by the county, municipality, or any other political subdivision.
Ala. Code § 25-14-9 — Alabama Code / Title 25 / Chapter 14 / Section 25-14-9
Section 25-14-9 Written Contract; Rights and Duties of Clients; Employees, and Professional Employer Organizations
Status: in_force

(a) All professional employer organization arrangements shall have a written contract between the client and the professional employer organization recognizing the rights, responsibilities, and duties of each party. The contract shall disclose to the client the services to be rendered by the professional employer organization, including the total administrative fees charged for professional employer organization services, the respective rights and obligations of the parties, and shall provide the following:

(1) The professional employer organization reserves a right of direction and control over contract employees and exercises that right in the context of the need to do so according to the terms and conditions of the professional employment agreement. The client, however, as an employer, may retain sufficient direction and control over covered employees necessary to conduct its business, and, without which, the client would be unable to conduct its business, discharge any fiduciary responsibility, or comply with any applicable licensure, regulatory, or statutory requirement.

(2) The professional employer organization assumes responsibility to pay wages to covered employees, withhold, collect, report, and remit payroll-related and unemployment taxes to the extent that the client employer has funded the obligations; and, to the extent the professional employer organization has assumed responsibility in the professional employer agreement, to make payments for employee benefits for covered employees. As used in this section, the term wages does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee’s salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing, vacation, sick leave, or other paid time off pay, unless the professional employer organization has expressly agreed to assume liability for the payments in the professional employer agreement.

(3) Under the terms and conditions of the professional employment agreement, the professional employer organization and the client shall both have a right to hire, terminate, and discipline the covered employees subject to the terms of any collective bargaining agreements which may exist.

(4) The responsibility to obtain workers’ compensation coverage for covered employees, from a carrier licensed to do business in this state and otherwise in compliance with all applicable requirements, shall be specifically allocated to either the client or the professional employer organization in the professional employer agreement.

(b) A professional employer organization shall provide written notice to each covered employee affected by any such professional employer agreement of the general nature of the co-employment relationship between and among the professional employer organization, the client, and the covered employee.

(c)(1) Except as specifically provided in this chapter or in the professional employer agreement, the client shall be entitled to exercise all rights, and shall be obligated to perform all duties and responsibilities otherwise applicable to an employer in an employment relationship.

(2) Unless otherwise expressly agreed by the professional employer organization and the client in a professional employer agreement, the client retains the exclusive right to direct and control the covered employees as is necessary to conduct the business of the client, to discharge the fiduciary responsibilities of the client, or to comply with any licensure requirements applicable to client or to the covered employees.

(3) Except to the extent otherwise expressly provided by the applicable professional employer agreement, a client shall be solely responsible for the quality, adequacy, or safety of the goods or services produced or sold in a client’s business.

(4) A client shall be solely responsible for directing, supervising, training, and controlling the work of the covered employees with respect to the business activities of the client and shall be solely responsible for the acts, errors, or omissions of the covered employees with regard to those activities.

(5) A client shall not be liable for the acts, errors, or omissions of a professional employer organization or of any covered employee of the client and a professional employer organization when the covered employee is acting under the express direction and control of the professional employer organization.

(d) Neither a professional employer agreement nor this chapter may be construed to diminish, abolish, or remove rights of covered employees as to clients or obligations of the client as to a covered employee existing prior to the effective date of a professional employer agreement.

(e) A covered employee is not, solely as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, employment practices liability insurance, fidelity bonds, surety bonds, employer’s liability which is not covered by workers’ compensation, or liquor liability insurance carried by the professional employer organization unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract, or bond.

(f)(1) A professional employer organization shall be entitled to exercise only those rights and obligated to perform only those duties and responsibilities specifically required by this chapter and/or set forth in the professional employer agreement.

(2) A professional employer organization shall be deemed an employer of its worksite employees and perform the responsibilities designated in the professional employer organization arrangement and this chapter. A professional employer organization may not be liable for the acts, errors, or omissions of a client, or of any covered employee of the client and a professional employer organization when the covered employee is acting under the express direction and control of the client.

(3) A client and a professional employer organization shall each be deemed an employer for purposes of sponsoring retirement and welfare benefit plans for their covered employees, however, in no case shall a health care benefit plan be deemed to be jointly sponsored by both the client and the professional employer organization. The professional employer agreement shall identify whether the client or the professional employer organization is the sponsor of any given health care benefit plan.

a. Any single employer health care plan sponsored by a professional employer organization that is required under the federal Employee Retirement Income Security Act “ERISA” to be governed exclusively by federal law shall not be subject to this chapter.

b. Any health care plan sponsored by the professional employer organization that is not required under the federal Employee Retirement Income Security Act “ERISA” to be governed exclusively by federal law shall be governed by the laws of the State of Alabama.

(4) A professional employer organization shall pay wages and collect, report, and pay employment related taxes and report and pay unemployment taxes for covered employees to the extent that the client employer has funded those obligations.

(5)a. For purposes of unemployment compensation, covered employees of a professional employer organization are considered the employees of the professional employer organization, which shall be responsible for the payment of contributions, penalties, and interest on wages paid by the professional employer organization to its covered employees during the term of the applicable professional employer agreement.

b. The professional employer organization shall report by client and pay all required contributions to the Unemployment Compensation Trust Fund using the state employer account number and the contribution rate of the professional employer organization.

c. On the termination of a contract between a professional employer organization and a client or the failure by a professional employer organization to submit reports or make tax payments as required by this chapter, the client shall be treated as a new employer without a previous experience record unless that client is otherwise eligible for an experience rating.

(6)a. A professional employer organization shall assure to the satisfaction of the secretary that workers’ compensation coverage is provided for all covered employees employed in this state pursuant to the laws of this state. Failure to provide the secretary with proof of workers’ compensation coverage shall subject the professional employer organization to a civil penalty of one thousand dollars ($1,000). In the event individual coverage is obtained for each client employer, failure to provide proof of coverage for each client employer shall constitute a separate finable offense.

b. If the responsibility to obtain workers’ compensation coverage for covered employees is allocated in the professional employer agreement to the professional employer organization, the agreement shall require that the professional employer organization maintain and provide to each client, at the termination of the agreement if requested by the client, records regarding the loss experience related to workers’ compensation insurance provided to covered employees pursuant to the agreement.

c. Each professional employer organization shall within 30 days notify the secretary and the workers’ compensation insurance carrier, if applicable, of the initiation of a new client or the termination of the professional employer organization’s relationship with any client for which the professional employer organization provides services for covered employees within this state.

d. Each professional employer organization shall further notify the secretary and its clients within 10 days of any notice of cancellation of workers’ compensation coverage. Failure to provide notices shall subject the registrant to an administrative penalty of one hundred dollars ($100) per day for each day past the required notice.

e. Both the client and the professional employer organization shall be considered the employer for the purpose of workers’ compensation coverage, and shall each be entitled to protection of the exclusive remedy provision of the workers’ compensation laws of this state.

(7)a. The sale and provision of professional employer services in conformance with this chapter shall not constitute the sale of insurance. However, the following activities shall not be considered the sale or provision of professional employer services: (i) Exclusively providing, selling, or administering workers’ compensation and/or health insurance plans to one or more clients; (ii) soliciting prospective clients based solely or primarily on representations of insurance coverage or cost advantages; or (iii) offering for sale or selling a policy of insurance to a client or employee. No professional employer organization shall function or hold itself out as an insurer or insurance producer unless appropriately licensed by this state. The Alabama Department of Insurance shall have exclusive control of determining what defines the sale of insurance.

b. A self-insured professional employer organization may not extend the use of its self-insurance certificate to any other person, firm, or corporation not specifically authorized by such certificate.
Ala. Code § 25-9-212 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-212
Section 25-9-212 Construction, Installation, and Maintenance of Elements of Track of Haulage Roads
Status: in_force

(a) The roadbed, rails, joints, switches, frogs, and other elements of the track of all haulage roads shall be constructed, installed, and maintained in a manner consistent with speed and the type of haulage operations being conducted to insure safe operation.

(b) Track switches, except room and entry development switches, shall be provided with properly installed throws, bridle bars, and guard rails. Switch throws and stands, where possible, shall be placed on the clearance side.
Ala. Code § 25-13-24 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-24
Section 25-13-24 Annual Inspections Required
Status: in_force

(a) It shall be the responsibility of the owners of all new and existing conveyances located in any building or structure to have the conveyances inspected annually (ASME A17.1, category one) by a licensed elevator inspector. Subsequent to inspection, the licensed elevator inspector shall supply the property owner or lessee and the administrator with a written inspection report describing any and all violations. Property owners shall have 30 days from the date of the published inspection report to be in full compliance with correcting the violations.

(b) It shall be the responsibility of the owners of conveyances to have a licensed elevator inspector, as described in this chapter, insure that the required tests are performed at intervals in compliance with ASME A17.1, ASME A18.1, and ASCE 21.

(c) All tests shall be performed by a licensed elevator mechanic.
Ala. Code § 25-4-13 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-13
Section 25-4-13 Insured Work
Status: in_force

“Insured work,” as used in this chapter, means “employment” for “employers.”
Ala. Code § 25-16-4 — Alabama Code / Title 25 / Chapter 16 / Section 25-16-4
Section 25-16-4 Committees
Status: in_force

The STEM Council shall have the following committees: (1) THE EXECUTIVE COMMITTEE. The STEM Council shall be under the direction of an executive committee, consisting of the individuals identified in subdivisions (a)(1), (a)(2), and (a)(4) of Section 25-16-3, and shall be led by the Chair of the STEM Council, appointed by the Governor. The business of the council shall be conducted by the executive committee, which may launch initiatives, make final recommendations, approve budgets, evaluate the director, and take any other action in furtherance of the council’s purpose and duties, consulting with the other members of the council and the Secretary of Workforce, as the executive committee deems appropriate. (2) ADDITIONAL COMMITTEES. The chair of the council may form additional committees to address issues concerning the purpose and duties of the council. For each committee formed, the chair shall designate a serving member of the council as committee chair and shall provide for the membership and duties of the committee. Members appointed to additional committees may also be serving as members of the council.

(1) THE EXECUTIVE COMMITTEE. The STEM Council shall be under the direction of an executive committee, consisting of the individuals identified in subdivisions (a)(1), (a)(2), and (a)(4) of Section 25-16-3, and shall be led by the Chair of the STEM Council, appointed by the Governor. The business of the council shall be conducted by the executive committee, which may launch initiatives, make final recommendations, approve budgets, evaluate the director, and take any other action in furtherance of the council’s purpose and duties, consulting with the other members of the council and the Secretary of Workforce, as the executive committee deems appropriate.

(2) ADDITIONAL COMMITTEES. The chair of the council may form additional committees to address issues concerning the purpose and duties of the council. For each committee formed, the chair shall designate a serving member of the council as committee chair and shall provide for the membership and duties of the committee. Members appointed to additional committees may also be serving as members of the council.
Ala. Code § 25-9-284 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-284
Section 25-9-284 Increase in Hazards of Pit Operations to Be Reported
Status: in_force

In case of any occurrence or change of conditions tending materially to increase the hazards of pit operations, whether or not personal injury results, a report thereof shall be promptly sent to the department by the operator.
Ala. Code § 25-9-366 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-366
Section 25-9-366 Review by Chief of Orders of Inspectors
Status: in_force

The decisions and orders of an inspector shall take effect as he shall specify in a written notice to the superintendent of said mine and shall not be subject to review unless within 10 days after giving such notice the owner or operator shall have appealed to the chief for such review, who shall render a decision within 10 days of notice of appeal.
Ala. Code § 25-4-77 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-77
Section 25-4-77 Benefits Eligibility Conditions; “Suitable Employment” and Jury Duty Defined; Applicability of Subdivision (A)(5)
Status: in_force

(a) An unemployed individual shall be eligible to receive benefits with respect to any week in a benefit year which begins on or after January 1, 2023, only if the secretary finds that he or she has met all of the following criteria:

(1) Made a claim for benefits with respect to the week in accordance with rules adopted by the secretary.

(2) Registered for work at, and subsequently continued to report at, a state employment office in accordance with rules adopted by the secretary as he or she may prescribe; except, that the secretary may by rule waive or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he or she finds that compliance with such requirements would be oppressive or would be inconsistent with purposes of this chapter.

(3) Is physically and mentally able to perform work of a character which he or she is qualified to perform by past experience or training, and is available for the work either at a locality at which he or she earned wages for insured work during his or her base period or at a locality where it may reasonably be expected that the work may be available.

(4) Been totally or partially unemployed in the week.

(5) Made a reasonable and active effort to secure work which he or she is qualified to perform by past experience and training, unless the failure is because the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty. “Reasonable and active effort” means engaging in systematic and sustained efforts to find work, including contacting at least three prospective employers for each week of unemployment claimed. The department shall require the claimant to provide proof of work search efforts when filing his or her weekly certification. A claimant’s subsequent proof of work search efforts may not include the same prospective employer, unless the employer has indicated since the time of the initial contact that the employer is hiring. The department shall conduct random reviews of at least five percent of the work search proof provided by claimants each week. The Governor by executive order may suspend the work search requirement during a state of emergency to the extent permissible by federal law. For the purposes of this subdivision, the entitlement to regular or extended benefits of any individual who is determined not to be actively engaged in seeking work during any week because of jury duty, shall be determined pursuant to the provisions of subdivision (3) without regard to the disqualification provisions otherwise applicable under Section 25-4-75(i)(1)b. and Section 25-4-75(i)(2). The term “jury duty” as used in this subdivision means the performance of service as a juror, during all periods of time an individual is engaged in service as a juror, in any court of a state or the United States pursuant to the law of the state or the United States and the rules of the court in which the individual is engaged in the performance of service as a juror.

(6) During his or her base period, been paid wages for insured work equal to or exceeding one and one-half times the total of the wages for insured work paid to him or her in that quarter of the base period in which the total wages were the highest and in addition, qualifies for benefits under the provisions of Section 25-4-72; provided, however, that no otherwise eligible individual who has received benefits in a preceding benefit year shall be eligible to receive benefits in a succeeding benefit year unless and until the otherwise eligible individual, subsequent to the beginning date of the preceding benefit year, has worked in insured employment for which work he or she earned wages equal to at least eight times the weekly benefit amount established for the individual in the preceding benefit year.

(7) Pursuant to Section 4 of Public Law 103-152, has been selected and referred to reemployment services and participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the secretary, unless the secretary determines that the claimant has completed reemployment services or there is justifiable cause for his or her failure to participate in reemployment services.

(b) Notwithstanding any of the provisions of subdivision (a)(3), no otherwise eligible individual shall be denied benefits for any week because he or she has met any of the following criteria:

(1) Enrolled in a course of training with the approval of the secretary. The approval of the secretary shall be conditioned upon the following:

a. The individual’s skills are obsolete or provide minimal opportunities for employment.

b. Training is for an occupation for which there is a substantial and recurring demand.

c. Training is not a course of education for credit toward a degree.

d. The individual possesses aptitudes or skills that can be supplemented by retraining within a reasonable time.

e. The individual produces satisfactory evidence of continued attendance and satisfactory progress.

(2) Engaged in training approved by the secretary under Section 236 (a)(1) of the Trade Act of 1974.

(3) Left work to enter training pursuant to subdivision (2), provided that the work left is not suitable employment. For purposes of this subdivision, the term “suitable employment” means with respect to an individual, work of a substantially equal or higher skill level than the individual’s past adversely affected employment, as defined by the Trade Act of 1974, and wages for such work at not less than 80 percent of the individual’s average weekly wage as defined by the Trade Act of 1974.

(4) Become unavailable to work, failed to actively seek work, or refused to accept work because he or she was in training pursuant to subdivision (2).

(c) With respect to any week that begins prior to January 1, 1989, an unemployed individual shall be eligible to receive benefits as provided in this section prior to that date.

(d) The provisions of subdivision (a)(5) shall be applied only to any week that begins on or after January 1, 2023.

(e) The Department of Labor shall provide applicants for unemployment with simple instructions on how to apply and provide all required recurring certifications to continue to receive benefits.
Ala. Code § 25-5-59 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-59
Section 25-5-59 Waiting Period for Compensation; Penalty for Overdue Compensation Payments
Status: in_force

(a) For purposes of this article, except for scheduled injuries as provided in Section 25-5-57(a)(3), compensation for the first three days of disability shall not be payable, nor shall compensation be paid in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in Section 25-5-78.

(b) Compensation shall begin with the fourth day after disability, and if the disability from the injury exists for a period as much as 21 days, compensation for the first three days after the injury shall be added to and payable with the first installment due the employee after the expiration of the 21 days. If any installment of compensation payable is not paid without good cause within 30 days after it becomes due, there shall be added to the unpaid installment an amount equal to 15 percent thereof, which shall be paid at the same time as, but in addition to, the installment.
Ala. Code § 25-5-85 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-85
Section 25-5-85 Procedure for and Effect of Payment of Compensation to Court Appointed Trustee
Status: in_force

At any time after the amount of an award has been agreed upon by the parties or found and ordered by the court, a sum equal to the present value of all future installments of compensation calculated on a six percent basis may, where death or the nature of the injury renders the amount of future payments certain, by leave of court, be paid by the employer to a bank or trust company of this state or a national bank doing business in this state to be approved and designated by the court, and the sum, together with all interest thereon, shall thereafter be held in trust for the employee or dependent of the employee, who shall have no further recourse against the employer. The payment of the sum by the employer, evidenced by the receipts in duplicate of the trustees, one of which shall be filed with the probate judge of the county in which the injury or death occurred and the other filed with the court, shall operate as a satisfaction of the award as to the employer, and the trustee designated by the court shall be allowed to pay itself from the fund a reasonable compensation for acting as the trustee, which compensation shall be fixed by the court in the order making the designation. Payments from the fund shall be made by the trustee in the same amounts and at the same time as are required in this article of the employer until the fund, after deducting the trustee’s compensation as above provided, and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employee or the dependent of the deceased employee. If the right to receive compensation should terminate on account of death, becoming of age, or marriage, or for any other cause as provided in this article, the balance remaining in the bank or trust company after the termination should be returned by them to the employer, his or her successor, or assigns.
Ala. Code § 25-2-1 — Alabama Code / Title 25 / Chapter 2 / Section 25-2-1
Section 25-2-1 Established; Seal
Status: in_force

There shall be a Department of Labor of the State of Alabama, which shall be an executive and administrative department of the state. The Department of Labor shall have a seal, which shall be affixed by the secretary to his or her official acts and deeds and to those of the Department of Labor.
Ala. Code § 25-12-1 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-1
Section 25-12-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Boiler and Pressure Vessel Safety Act” and, except as otherwise provided in this chapter, shall apply to all boilers and pressure vessels.
Ala. Code § 25-9-361 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-361
Section 25-9-361 Superintendent, Mine Foremen, Etc., to Comply with and Ensure Compliance with Chapter
Status: in_force

It shall be the duty of the superintendent, mine foreman, subordinate supervisors, fire bosses, or mine examiners, and other officials to comply with and to see that others comply with the provisions of this chapter.
Ala. Code § 25-7-41 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-41
Section 25-7-41 Definitions; Limitations on Compensation and Employment Benefits Not Required by State or Federal Laws
Status: in_force

(a) For purposes of this article, the following words have the following meanings:

(1) DISCRIMINATION. An action by an employer or a distinction by an employer that adversely affects an employee or job applicant based on a group, class, or category to which that person belongs.

(2) EMPLOYEE. An individual employed in this state by an employer or a natural person who performs services for an employer for valuable consideration and does not include a self-employed independent contractor.

(3) EMPLOYER. A person engaging in any activity, enterprise, or business in this state employing one or more employees, or a person, association, or legal or commercial entity receiving services from an employee or independent contractor and, in return, giving compensation of any kind to such employee or independent contractor.

(4) FEDERAL LABOR LAWS. The National Labor Relations Act, compiled in 29 U.S.C., Section 151 et seq., and the Labor Management Relations Act, compiled in 29 U.S.C., Section 141 et seq., as amended, presidential executive orders, and federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution, as amended.

(5) INDEPENDENT CONTRACTOR. A self-employed individual who does not meet the definition of employee, as provided in this article, but otherwise does meet the definition of independent contractor as defined by the Internal Revenue Service.

(6) LABOR PEACE AGREEMENT. An arrangement between a union and employer under which one or both entities agree to waive certain rights under federal law with regard to union organizing and related activity.

(7) MULTI-EMPLOYER ASSOCIATION. A bargaining unit composed of independent employers who associate together to negotiate jointly with one or more labor organizations representing the employees of the independent employers within the bargaining unit.

(8) PROJECT LABOR AGREEMENT. A collective bargaining agreement with one or more labor unions that establishes the terms and conditions of employment for a specific construction project before employees are hired to work on such project.

(9) STATE. The State of Alabama and its agencies, departments, commissions, bureaus, and offices including, but not limited to, the Legislature.

(b) A county, municipality, or any other political subdivision of this state shall not enact or administer any ordinance, policy, rule, or other mandate requiring an employer to provide any employee, class of employees, or independent contractor with any employment benefit, including, but not limited to, paid or unpaid leave, vacation, wage, or work schedule, that is not required by state or federal law, and shall not require an employer to compensate an employee, class of employees, or independent contractor for any vacation or other form of leave for which state or federal law does not require the employee, class of employees, or independent contractor to be compensated.

(c) Any ordinance, policy, rule, or other mandate of a county, municipality, or any other political subdivision of this state that is inconsistent with this section is void.
Ala. Code § 25-5-250 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-250
Section 25-5-250 Creation; Purpose; Powers
Status: in_force

There is created a nonprofit corporation to be known as the “Alabama Workmen’s Compensation Self-Insurers Guaranty Association, Incorporated,” hereinafter referred to as “the association.” The purpose of the association shall be to create and fund an insolvency fund to assure payment of workmen’s compensation claims due from self-insuring employers who are members of the association and who become insolvent. The association shall have those powers granted or permitted nonprofit corporations, as provided in Title 10. In addition, the corporation shall have the power to borrow funds as necessary to carry out its purposes, and to purchase such insurance and reinsurance as is deemed necessary.
Ala. Code § 25-15-1 — Alabama Code / Title 25 / Chapter 15 / Section 25-15-1
Section 25-15-1 Alabama Workforce Board; Creation; Purpose
Status: in_force

(a) The Governor shall establish the Alabama Workforce Board as the State Workforce Development Board for purposes of Section 101 of the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), 29 U.S.C. § 3111, as amended, and to carry out its purposes pursuant to state law; provided, that in the event of a conflict between state law and WIOA, WIOA shall prevail.

(b) It is the intent of the Legislature that all state and local entities that receive state-appropriated funding and are engaged in workforce development activities will fully participate in and cooperate with the activities and recommendations of the board, but the board shall not directly exercise governing control of state and local agencies, departments, educational institutions, boards, commissions, and other workforce development entities except as otherwise prescribed by federal law or regulation.

(c) For purposes of this chapter, “WIOA” means the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), as amended.
Ala. Code § 25-8-44 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-44
Section 25-8-44 Employment in Establishment Where Alcoholic Beverages Sold; Minors Performing Nude or Partially Nude
Status: in_force

(a) No person under the state legal drinking age shall be employed to serve or dispense alcoholic beverages in any establishment where alcoholic beverages are sold, served, or dispensed for consumption on the premises.

(b) No person under 16 years of age shall be employed in any establishment where alcoholic beverages are sold, served, or dispensed for consumption on the premises. Notwithstanding the foregoing, this section shall not prohibit the employment of persons 16 years of age or older as busboys, dishwashers, janitors, cooks, hostesses, or seaters restricted to leading patrons to seats; nor the employment of persons under 18 years of age as professional entertainers.

(c) Members of the immediate family of the owner or operator who are 14 or 15 years of age may be employed in such establishments provided they do not serve, sell, dispense, or handle alcoholic beverages.

(d) No person under 18 years of age shall be employed in any adult establishment or perform in any establishment, nude or nearly nude, in a manner or attire as to expose any portion of the pubic area, buttocks, anus, anal cleft, vulva, or genitals, or any simulation thereof, or show the covered male genitals in a discernible turgid state, or be attired in a manner as to expose to view the portion of the breast below the top of the areola or any simulation thereof. For the purposes of this subsection, an adult establishment includes, but is not limited to, an adult live entertainment business, an adult arcade, an adult bookstore, an adult cabaret, an adult movie theater, an adult toy store, an adult video store, a body shampooing business, an escort agency, a massage parlor, a nude model studio, a lingerie modeling studio, or any combination of the foregoing.
Ala. Code § 25-8-32 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-32
Section 25-8-32 Legislative Findings and Intent
Status: in_force

The Legislature has found that Alabama law has not kept pace with federal standards regulating the employment of minors to the extent that it has become increasingly difficult for employers to comply with conflicting state and federal child labor requirements.

Accordingly, numerous changes are necessary to make the child labor laws of Alabama compatible with the United States Department of Labor regulations governing the employment of minors in nonagricultural occupations. Similarly, there is also a need to remove anachronistic language and make clarifications to existing standards.

In view of the foregoing findings, the Legislature through this chapter intends to do all of the following:

(1) Conform with 17 federal hazardous orders.

(2) Remove exemptions for domestic service and the grading or handling, or both, of agricultural products.

(3) Add a restriction for occupations which involve working at heights exceeding six feet, as well as working in junk yards, scrap metal yards, or lumber yards.

(4) Set hour restrictions which coincide with federal law for 14- and 15-year-olds.

(5) Clarify waiver of school attendance which allows 14- and 15-year-olds to work until 9:00 p.m.

(6) Require employers to post hour restrictions and work schedules for employees under 18 years of age, and add a meal break requirement for 14- and 15-year-olds.

(7) Increase age requirements from 12 to 14 years of age to sell items on streets, and from 10 to 12 years of age to deliver newspapers.

(8) More clearly define prohibited occupations and places of employment for minors under 18 years of age.

(9) Prohibit persons under 18 years of age from performing nude or partially nude in any business establishment.

(10) Exempt federally funded summer youth program personnel from obtaining work permits.

(11) Add a “whistleblower” provision protecting employees and other individuals from being discriminated against as a result of disclosing information, making a charge, or refusing to obey an illegal order.

(12) Increase the penalty for street trades violations from ten dollars ($10) to fifty dollars ($50) to one hundred dollars ($100) to five hundred dollars ($500) per violation.

(13) Require reporting of names of child models under 18 years of age, placing responsibility on employers and parents for the care and schooling of the child and for ensuring that school performance will not suffer due to a child working.
Ala. Code § 25-8-56 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-56
Section 25-8-56 Removal of Minor from Establishment
Status: in_force

The department shall remove from any establishment any minor found employed or working, contrary to law, or who is afflicted with any infectious, contagious, or communicable disease, or whose physical condition is such that it makes it hazardous for the person to perform the work.
Ala. Code § 25-9-216 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-216
Section 25-9-216 Transportation of Men
Status: in_force

(a) Man-trips shall be operated at safe speeds consistent with the condition of roads and type of equipment used, but not to exceed 12 miles an hour in mine cars or 15 miles an hour when special, substantially covered man-trip cars are used.

(b) Each man-trip shall be under the charge of a responsible person and it shall be operated independently of any loaded trip of coal or other material.

(c) Cars on the man-trip shall not be overloaded and sufficient cars in good mechanical condition shall be provided.

(d) No person shall ride under the trolley wire unless suitably covered man-cars are used.

(e) No material or tools shall be transported in the same mine car with men and all persons shall ride inside of man-trip cars, except the motorman and brakeman or person in charge of the man-trip. Where compartmented man-cars are used, tools or supplies, other than explosives, secured so that they cannot cause injury to men in other compartments, may be transported in a compartment designated for that purpose.

(f) Men shall not load or unload before the cars in which they are to ride or are riding come to a full stop and men shall proceed in an orderly manner to and from man-trips.

(g) A waiting station shall be provided where men are required to wait for man-trips or man-cages. At places where men enter or leave man-trip conveyances, ample clearance shall be provided and provisions made to prevent persons from coming into contact with energized electric circuits. Adequate seating facilities shall be provided.

(h) Where hoists are used for handling men in underground slopes, in pitching beds or on slopes between two or more beds, the provision as to man-trips applies and special care shall be exercised to insure that cars do not break loose while being hoisted or lowered.

(i) Where belts are used for transporting men, a minimum clearance of 18 inches shall be maintained between the belt and the roof or crossbars, projecting equipment, cap pieces, overhead cables, wiring, and other objects, but where the height of the coal bed permits, the clearance shall not be less than 24 inches.

(j) The belt speed shall not exceed 300 feet a minute when vertical clearance is less than 24 inches and shall not exceed 350 feet a minute where clearance is more than 24 inches while men are being transported. Belt conveyors shall be stopped while men are loading or unloading.

(k) The space between men riding on a belt line shall be not less than five feet.

(l) Loading and unloading stations shall be illuminated properly.

(m) An official or some other person designated by the mine foreman shall supervise the man-trip loading and unloading of belts.
Ala. Code § 25-9-60 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-60
Section 25-9-60 Maintenance, Etc., of First Aid Equipment; Notice of and Treatment of Injuries
Status: in_force

(a) Each mine shall have an adequate supply of first aid equipment to be used only in case of injury to employees or on the job sickness. These supplies shall be located at points on the surface, at the bottom of main shafts and main slopes, if over 1,000 feet from the surface, and at other suitable locations convenient to each working section. One stretcher and one broken-back board (or a splint-stretcher combination), 24 triangular bandages (or 15, if a splint-stretcher combination is used), eight four-inch bandage compresses, 12 one-inch adhesive compresses, an adequate approved burn remedy, two cloth blankets, one rubber blanket or equivalent substitute, two tourniquets, one one-ounce bottle of aromatic spirits of ammonia or one dozen ammonia ampules and necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints shall be kept at each location designated and shall be accessible to the miners.

(b) No person shall tamper with or remove any first aid supplies other than for use in caring for injured persons and those who become sick while in the mine.

(c) When an injury occurs, prompt first aid shall be given, and, if immediate medical attention is indicated, a doctor shall be notified and the injured person brought to the surface without delay other than the time needed for rendering first aid. Any person injured sufficiently to deprive him of complete control of his faculties or limbs will be adequately attended by designated persons until he is brought to the surface and turned over to a doctor.

(d) Each employee shall promptly notify his supervisor of all injuries.
Ala. Code § 25-4-115 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-115
Section 25-4-115 Duties of Secretary, Etc., with Respect to Reduction of Unemployment, Etc
Status: in_force

It shall be one of the purposes of this chapter to promote the regularization of employment in enterprises, localities, industries, and the state. The secretary, with the advice and aid of the advisory council, shall take all appropriate steps within his means to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and, to these ends, to employ experts and to carry on and publish the results of investigations and research studies.
Ala. Code § 25-5-80 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-80
Section 25-5-80 Limitation Period for Claims or Actions for Compensation
Status: in_force

In case of a personal injury not involving cumulative physical stress, all claims for compensation under this article shall be forever barred unless within two years after the accident the parties shall have agreed upon the compensation payable under this article or unless within two years after the accident one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In cases involving personal injury due to cumulative physical stress, compensation under this article shall be forever barred unless within two years after the date of the injury one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In cases involving claims for lost earning capacity under Section 25-5-57(a)(3)i., other than those involving cumulative physical stress, following termination of employment as outlined therein, compensation under this article and Article 4 shall be forever barred unless brought within two years of the termination. In case of death, all claims for compensation shall be forever barred unless within two years after death, when the death results proximately from the accident within three years, the parties shall have agreed upon the compensation under this article or unless within two years after the death one of the parties shall have filed a verified complaint as provided in Section 25-5-88. Where, however, payments of compensation, as distinguished from medical or vocational payments, have been made in any case, the period of limitation shall not begin to run until the time of making the last payment. In case of physical or mental incapacity, other than the minority of the injured person or his or her dependents, to perform or cause to be performed any act required within the time in this section specified, the period of limitation in any case shall be extended to become effective two years from the date when the incapacity ceases.
Ala. Code § 25-4-59 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-59
Section 25-4-59 Procedures Exclusive
Status: in_force

The procedures provided for in this article and Article 7, commencing with Section 25-4-130, for the making of determinations with respect to contribution rates and payments, and for appealing from such determinations, shall be exclusive.
Ala. Code § 25-7-6 — Alabama Code / Title 25 / Chapter 7 / Section 25-7-6
Section 25-7-6 Freedom to Join or Refrain from Joining Labor Organizations
Status: in_force

Every person shall be free to join or to refrain from joining any labor organization, except as otherwise provided in Section 25-7-13, and, in the exercise of such freedom, shall be free from interference by force, coercion, or intimidation, by threats of force or coercion or by the intimidation of or injury to his family.
Ala. Code § 25-13-1 — Alabama Code / Title 25 / Chapter 13 / Section 25-13-1
Section 25-13-1 Purpose
Status: in_force

(a) The purpose of this chapter is to provide for the safety of life and limb and to promote public safety awareness. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Elevator personnel performing work covered by this chapter shall by documented training or experience, or both, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with the requirements of this chapter. This chapter shall establish the minimum standards for elevator personnel.

(b) The provisions of this chapter are not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in ASME A17.1, ASME A18.1, or ASCE 21.

(c) The design or modification of equipment covered by this chapter shall be prepared by or under the direct control and personal supervision of a licensed professional engineer.
Ala. Code § 25-11-9 — Alabama Code / Title 25 / Chapter 11 / Section 25-11-9
Section 25-11-9 Compliance with Social Security Act
Status: in_force

(a) Pursuant to Section 303(h), Social Security Act, in order for the state to receive administrative grants for unemployment compensation programs, the custodian of records shall, on a reimbursable basis, do the following:

(1) Disclose quarterly to the Secretary of Health and Human Services, wage and claim information as required by Section 453(i)(1), Social Security Act.

(2) Ensure that information provided pursuant to subdivision (1) meets the standards of correctness and verification as required by the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor.

(3) Establish safeguards as the Secretary of Labor determines are necessary to ensure that information disclosed under this section is used only for purposes of Section 453(i)(1), Social Security Act, in carrying out the child support enforcement program under Title IV.

(b) The custodian of records shall supply only wage and claim information that is already contained in its records.
Ala. Code § 25-5-12 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-12
Section 25-5-12 Chief Justice of Supreme Court to Prepare Uniform Rules for Circuit Courts
Status: in_force

The Chief Justice of the Supreme Court of Alabama, from time to time as he deems it is necessary, may prepare uniform rules for the circuit judges and circuit courts which may be necessary for carrying out the provisions of this chapter, including such forms for orders and judgments as said Chief Justice of the Supreme Court deems best. Such rules and forms when so prepared and promulgated by the chief justice shall be followed and used by the said judges and courts.
Ala. Code § 25-4-53 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-53
Section 25-4-53 Withholding of Employee Contributions
Status: in_force

For calendar years ending prior to January 1, 1986, employee contributions, the withholding of such contributions, and the penalty for an employer’s failure to withhold and violations of trust shall be as was provided by this section prior to such date.
Ala. Code § 25-9-11 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-11
Section 25-9-11 Certificate of Competency for Fire Bosses and Mine Foremen - Qualifications of Mine Foreman
Status: in_force

(a) Each applicant for a mine foreman’s certificate of competency shall be at least 23 years old and be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall satisfy one of the following:

(1) Have had at least four years of practical mining experience.

(2) Have had at least two years of practical experience in or around coal mines and hold a bachelor level degree in mining engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(3) Have had at least two years and six months of practical mining experience in or around a coal mine and a bachelor level degree in any field of engineering other than mining engineering.

(4) Have had at least three years of practical experience in or around coal mines and hold an associate level degree in engineering, geology, or a related field of study from a school accredited by the American Association of Universities, a successor organization, or by a national or regional accrediting agency that is recognized by the Secretary of the United States Department of Education.

(b) Each applicant must also submit with his or her application an affidavit reflecting that he or she has met the requirements described in this section and attesting to his or her good moral character and known temperate habits. This affidavit shall be signed by three reputable citizens, at least one of whom shall be the holder of a mine foreman’s certificate.
Ala. Code § 25-4-31 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-31
Section 25-4-31 Treasurer; Separate Accounts; Disposition of Interest and Penalties
Status: in_force

(a) The secretary shall designate an employee of the unemployment compensation agency as treasurer of the fund who shall pay all vouchers or checks duly drawn upon the fund, in such manner as the secretary may prescribe. The secretary shall also designate an employee of the unemployment compensation agency as alternate treasurer who, in case of extended absence of the treasurer shall, upon written notice from the secretary, perform all duties of the treasurer. The treasurer shall maintain within the fund the following separate accounts: A clearing account; an unemployment trust fund account; an unemployment benefit payment account; a fraud interest penalty account; and such other account or accounts as may be necessary for the payment of any federal unemployment benefits. All moneys payable to the fund, upon receipt thereof by the secretary, shall be forwarded to the treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to Section 25-4-137 (with the exception of refunds of interest and penalties collected pursuant to Sections 25-4-132, 25-4-133, and 25-4-134) may be paid from the clearing account upon warrants issued by the treasurer, as aforesaid, under the direction of the secretary. After clearance thereof, all other moneys in the clearing account (with the exception of interest and penalties collected pursuant to Sections 25-4-132, 25-4-133, and 25-4-134, and any other collections required by this chapter to be transferred to the State Treasury) shall be deposited by warrants issued as aforesaid, with the Secretary of the Treasury of the United States of America to the credit of the account of this state in the unemployment trust fund established and maintained pursuant to Section 904 of the Social Security Act, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit payment account shall consist of all moneys requisitioned from the state’s account in the unemployment trust fund. Except as otherwise provided in this section, moneys in the clearing and benefit accounts may be deposited by the treasurer, under the direction of the secretary, in any bank or public depository in which general funds of the state may be deposited but no public deposit insurance charge or premium shall be paid out of the fund. The treasurer shall give bond conditioned upon the faithful performance of his or her duties as treasurer of the fund in a form prescribed by statute or approved by the Attorney General, and in an amount specified by the secretary and approved by the Governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding firm shall be paid from the Unemployment Administration Fund.

(b) Interest and penalties collected pursuant to Sections 25-4-132, 25-4-133, and 25-4-134 shall be deposited in the clearing account only for the purpose of transfer to the Special Employment Security Administration Fund provided for in Section 25-4-142, and shall be spent in accordance with the provisions of Section 25-4-142.

(c) Funds collected pursuant to the assessment made against wages paid by employers by Section 25-4-55 and Section 25-4-40.1 shall be deposited in the clearing account only for the purpose of transfer to the Special Interest Payment Fund and the Employment Security Enhancement Fund and shall be expended in accordance with the provisions.
Ala. Code § 25-9-2 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-2
Section 25-9-2 Definitions
Status: in_force

Unless the context clearly requires otherwise, as used in this chapter, the following terms have the following meanings:

(1) SECRETARY. The Secretary of the Department of Labor or such other public officer, employee, board, commission, or other authority that may by law be assigned the duties and authority of the Secretary of Labor under this chapter.

(2) CHIEF. The Chief of the Division of Safety and Inspection of the Department of Labor or such other public officer, employee, board, commission, or other authority that may in emergencies be acting in the stead of the chief or may by law be assigned the duties and authority of the Chief of the Division of Safety and Inspection of the Department of Labor.

(3) HEAD MINE INSPECTOR. The employee of the Division of Safety and Inspection in charge of mine inspection or such other public officer, employee, board, commission, or other authority that may by law be assigned the duties and authority of the head mine inspector.

(4) MINE INSPECTOR. A public employee assigned by the head mine inspector with the approval of the chief to make mine inspections as required by this chapter and other laws from time to time in such cases made and provided.

(5) SUPERINTENDENT. The person placed in overall charge of the operation of a coal mine or mines.

(6) OPERATOR. The owner, part owner, operator or lessee to whom the superintendent reports and is accountable for the operation. The operator may also be the superintendent.

(7) MINE FOREMAN. A person holding a valid certificate of qualification duly issued by action of the board of mine examiners. Such term also includes the person acting in the stead of a mine foreman appointed as provided under this chapter when a certified mine foreman is unavailable.

(8) SUPERVISOR. Such term may be used to designate mine foremen, assistants, section foremen, trafficmen, maintenance foremen, etc., and is restricted in this chapter to mean those persons employed by the operator or superintendent to manage all or a part of the mine operations.

(9) FIRE BOSS. A person holding a valid certificate of qualification duly issued by action of the board of mine examiners and also includes the person acting in the stead of a fire boss appointed as provided under this chapter when a certified fire boss is unavailable.

(10) APPROVED COMPETENT PERSON. A person who has at least nine months of practical experience, has knowledge of mine roof, timbering, and ventilation, has good judgment and who has demonstrated knowledge of mine gases and use of permissible flame safety lamps, methane and oxygen detectors, such demonstration to be given and made of record in a manner prescribed by the chief of the division.

(11) APPROVED. A device, process, equipment, or method approved by the chief; provided, that if any interested person so requests, the secretary shall review such approval.

(12) PERMISSIBLE. A device, process, or equipment or method heretofore or hereafter classified by such term by the United States Bureau of Mines when such classification is adopted by the chief and includes, unless otherwise expressly stated in this chapter, all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by said bureau.
Ala. Code § 25-4-145 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-145
Section 25-4-145 Penalties; Limitation of Actions; Collection of Overpayments; Waiver of Overpayments
Status: in_force

(a) Penalties.

(1) Whoever willfully makes a false statement or representation or who willfully fails to disclose a material fact to obtain or increase any benefit or payment under this chapter, or under an unemployment insurance law of any other state or government, either for himself or herself or for any other person, whether such benefit or payment is actually received or not, shall be guilty of an offense as follows and each such false statement or representation shall constitute a separate and distinct offense:

a. If the aggregate amount involved in the offense exceeds two thousand five hundred dollars ($2,500) in value, that shall constitute a Class B felony.

b. If the aggregate amount involved in the offense exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500), that shall constitute a Class C felony.

c. If the aggregate amount involved in the offense does not exceed five hundred dollars ($500), that shall constitute a Class A misdemeanor.

d. Upon conviction, sentencing for these offenses shall follow Sections 13A-5-6, 13A-5-7, and 13A-5-9, as appropriate.

e. In lieu of fines, any person found guilty under this section shall be required to pay restitution to the Department of Labor in at least the amount of benefits fraudulently obtained.

(2) Any officer or agent of employer, or any employer who is an individual, who willfully makes a false statement or representation to avoid his or her employer or himself or herself becoming or remaining subject to this chapter for contributions, or to reduce any contribution or other payment required of such employer or him or her under this chapter, or who willfully fails or refuses to make any such contributions or other payments as lawfully required under this chapter, or who induces any employee to waive any rights under this chapter, or any officer or agent of an employing unit, or any employing unit who is an individual, who refuses to furnish any reports duly required under this chapter or to appear or testify or produce records as lawfully required hereunder shall, upon conviction, be punished by a fine of not less than $50.00 nor more than $500.00, or by imprisonment for not longer than 12 months, or by both such fine and imprisonment, and each such false statement or representation and each day of such failure or refusal, and each such inducement shall constitute a separate and distinct offense.

(3) If the secretary finds that any fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he or she was not entitled, then, in addition to any other penalty or prosecution provided under this chapter, the secretary may make a determination that there shall be deducted from any benefits to which such claimant might become entitled during his or her present benefit year and/or next subsequent benefit year, an amount not less than four times his or her weekly benefit amount and not more than the maximum benefit amount payable in a benefit year, as determined under Sections 25-4-72, 25-4-74 and 25-4-75, at the time the secretary makes the determination. Additionally, a disqualification shall be applied for the 52-week period which immediately follows the final date of the fraud determination and until the fraud overpayment has been repaid in cash. For subsequent acts determined as fraud, the disqualification shall be for the 104-week period which immediately follows the final date of the fraud determination and until the fraud overpayment has been repaid in cash. Federal and state income intercepts used to satisfy overpayments are to be considered as cash payments for the purposes of this subsection. The secretary shall notify the claimant of his or her findings and determination either by delivering a copy thereof to him or her or by mailing a copy, postage prepaid, to his or her last known address. Unless the claimant shall appeal from the finding or from the determination, or both, within seven calendar days after delivery of such notice to him or her, or within 15 calendar days after such notice was mailed to his or her last known address, postage prepaid, such finding and determination shall become final. If such claimant shall appeal from such finding or determination, or both, within the time specified, the issue or issues shall be referred to an appeals tribunal for hearing, as in other benefit cases, and thereafter the procedure shall be the same as set forth in Article 5 of this chapter.

(4) Any violation of any provisions of this chapter, for which a penalty is neither prescribed above nor provided by any other applicable statute, shall be punished by a fine of not less than $50.00 nor more than $500.00, or by imprisonment for not longer than twelve months, or by such fine and imprisonment.

(b) Limitation of actions. Prosecution under this section must be begun within three years from the date of the commission of the offense or offenses described herein.

(c) Collection of overpayments.

(1) Any individual who has received any sum as benefits or payments under this chapter while any conditions for the receipt of benefits or payment imposed by this chapter were not fulfilled by such person, or while he or she was disqualified from receipt of benefits; or by reason of non-disclosure or misrepresentation by him or her or another of a material fact (irrespective of whether such non-disclosure was known or fraudulent) or for any other reason causing him or her to receive benefits to which he or she was not entitled, shall be required to repay such sum in cash or by offset against any future benefits if payable or a combination of both.

(2) Such person shall be promptly notified of the determination of overpayment and the reasons therefor. Unless such person, within 15 calendar days immediately following the date such notification was mailed to his or her last known address, files an appeal from such determination, such determination shall be final. Any appeal therefrom pursuant to the provisions of this chapter shall be limited solely to the overpayment issue.

(3) If the indebtedness is not paid by such person within 30 calendar days after the determination has become final, the secretary shall proceed to effect collection of the overpayment and shall have available to him or her all civil actions available to him or her under the laws of this state to collect the overpayment as well as those provisions contained in subsection (b) of Section 25-4-134 applying to the collection of contributions.

(4) All overpayment balances classed as fraudulent shall accumulate interest at the rate of two percent per month on unpaid balances and shall be added to the debt balance and shall be deposited in the fraud penalty account described in Section 25-4-31.

(5) All overpayment balances classed as fraudulent shall have an additional minimum penalty of 15 percent assessed. The penalty shall be deposited into the Unemployment Insurance Trust Fund in accordance with Section 25-4-31(a).

(d) Waiver of overpayment; limitations.

(1) The secretary is hereby authorized to waive overpayments under such procedure and conditions as he or she may by regulation prescribe.

(2) The other provisions of this section to the contrary notwithstanding, no action to enforce recovery or recoupment of any overpayment shall begin after six years from the date of the final determination as is provided for in subsection (c) of this section.
Ala. Code § 25-8-51 — Alabama Code / Title 25 / Chapter 8 / Section 25-8-51
Section 25-8-51 Cancellation of Child Labor Certificate
Status: in_force

Any official charged with the enforcement of this chapter may cancel any child labor certificate found to be illegally or improperly obtained. When the certificate is cancelled, the employer shall be notified, and thereafter it shall be unlawful to employ minors under that certificate. A minor may be re-employed after a new child labor certificate is properly issued in accordance with this chapter.
Ala. Code § 25-9-300 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-300
Section 25-9-300 Map of Mine - Required; Contents; Filing; Examination, Etc
Status: in_force

The owner, operator, or lessee of any underground coal mine in this state shall make or cause to be made by a competent engineer an accurate and exact detail map of said mine, showing the exact position of said mine in reference to the section line, which shall be connected with known boundary lines of the section or subdivision of the section. Such map shall show accurately the position of any branches, creeks, rivers, railroads, oil and gas pipelines under which said mine workings extend and, as near as possible, the position of any coal mines nearby. The location of all oil and gas wells shall be shown on said map. Said maps shall show all shafts, slopes, tunnels, or other openings to the surface or to the workings of a contiguous coal mine; all excavations, entries, rooms, and crosscuts; the location of the fan and the direction of the air currents; the location of pumps, hauling engines, engine planes, abandoned works, fire walls, and standing water; and, the boundary line of any surface outcrop of the seam. A separate and similar map, drawn to the same scale in all cases, shall be made of each and every seam which shall be worked in any coal mine and the maps of all such seams shall show all shafts, inclined planes, or passageways connecting the same. Each map shall also show by elevation in feet and decimals thereof the rise and dip of the seam from the opening in either direction to the face of the workings. Said map shall be sworn to by the engineer making the same. The map provided for in this section shall be filed with the department during the month of January next after the opening of said mine and shall show its condition on said January 1. All new work inside of the mine must be added to said map or a new map filed each year thereafter, showing the condition of the mine on January 1 of the same year and this provision for additions to maps shall apply to all maps which have heretofore been filed in the office of the department. Said maps shall be filed in the office of the department, which shall provide a suitable and safe place for keeping them. The department shall refuse to accept maps when made by persons known to be incapable of doing such work. The engineer preparing such map shall certify on each map as to the correctness of such map to the best of his knowledge and belief. Said map shall be made on a legible scale. The persons entitled to examine maps, plats, and records of a coal mine shall be the owner, operator, or lessee, or agent of such coal mine, the person financially interested in such mine, the owner or owners of land adjacent to such mine, the owner, operator or lessee, or agent of a coal mine adjacent to such mine and the authorized representative of the employees of such or the employees driving any breakthrough liable to break into an adjacent mine. The department shall not permit such maps, plans, records, and papers to be removed from its office, and shall not furnish copies thereof to any person except by request of the owner, operator, lessee, or agent of the mine to which such maps, plans, and records pertain.
Ala. Code § 25-4-130 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-130
Section 25-4-130 Duration of Employer’s Coverage Under This Chapter; Termination of Coverage
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, any employing unit which is or becomes an employer subject to this chapter within any calendar year, shall be an employer subject thereto during the whole of such calendar year.

(b) Except as otherwise provided in Section 25-4-131, an employer (except governmental entities) shall cease to be an employer subject to this chapter:

(1) As of January 1 of any calendar year if he files with the secretary, prior to April 1 of such year, a written application for termination of coverage and he has not, during the preceding calendar year, met any of the conditions for remaining subject to this chapter.

(2)a. As of the date of transfer of his organization, trade or business, or substantially all the assets thereof to a successor as provided by paragraph (a)(4)a. of Section 25-4-8; provided, that he shall have ceased to employ any individual or individuals in employment subject to this chapter; provided further, however, should the disposing employer reacquire all or substantially all of the same employing unit during the same or next succeeding calendar year without the predecessor having employed individuals, thereby succeeding to the employment experience, he shall be deemed not to have ceased operation and shall have his rate of contribution computed based upon that portion of his and his successor’s employment experience occurring during the period specified in Section 25-4-54.

b. If, immediately subsequent to the date of transfer of his organization, trade or business, or substantially all the assets thereof to a successor as provided by paragraph (a)(4)a. of Section 25-4-8, he shall cease to be an employer subject to this chapter as of the date of such transfer. If, however, subsequent to the date of transfer, he employs or continues to employ any individual or individuals he shall again become an employer subject to this chapter when any of the provisions of Section 25-4-8 are met and shall be considered an employer first becoming subject for the purposes of Sections 25-4-16 and 25-4-54.

(3) As of January 1, next following two consecutive calendar years ending on the preceding December 31, during which he employed no individuals in employment subject to this chapter.

(c) Any political subdivision which has made an election may, prior to January 1, 1978, terminate said election after the two-year period called for in subsection (b) of Section 25-4-131 has been completed by filing with the secretary written notice not later than the December 1, of any calendar year, such termination to be effective as of the first day of the next ensuing calendar year with respect to services performed on and after that date.

(d) When an employer’s coverage is terminated under the provisions of this section, such employer shall not, except as otherwise provided in this section, thereafter become subject to the provisions of this chapter on the basis of any employment by such employer prior to the effective date of such termination.
Ala. Code § 25-5-312 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-312
Section 25-5-312 Powers and Duties of the Board
Status: in_force

The board shall exercise general supervision in all matters related to the provision of medical services provided by physicians, as defined in Section 25-5-310, rendered to workers under this article. The duties of the board shall include, but are not limited to, the following:

(1) Study, develop, and implement any necessary and reasonable guidelines for medical services and physician care provided by physicians. In addition, with respect to services provided by physicians, the board shall study, develop, and recommend to the secretary uniform medical criteria and policies for the conduct of utilization review, bill screenings, and medical necessity determinations for use by insurance carriers, self-insurers, and claims administrators.

(2) Study, design, and implement standardized uniform claims processing forms and forms for the reporting of medical information to employers and insurance companies by physicians.

(3) Address and give consideration to those matters referred to it by the secretary.

(4) The board shall contract with physicians, health care providers, professional associations of physicians, and health-related organizations to provide the board with consultation, and research and development expertise in discharging its duties and responsibilities under this article. Any contract entered into by the board shall be approved by the secretary and submitted as are other state contracts.

(5) The board may establish, by regulations promulgated by the department, regional committees of physicians appointed by the board to perform any duties and responsibilities specified by the board in programs established for the delivery of medical services under this article. In addition the board shall appoint board certified physicians in any of the medical or surgical specialties to act as independent expert medical consultants to the ombudsman in connection with the resolution of disputes involving physicians providing medical services to injured workers. Members of the regional committees shall be physicians and shall serve at the pleasure of the board. Physicians serving as members of the regional committees as constituted under this section or independent expert medical consultants to the ombudsman shall be granted the same immunities as provided members of the board under this article and existing state law.

(6) Implementation of this section shall be governed by and subject to the Alabama Administrative Procedure Act. Rules and regulations relating to the duties and authority of the board, enumerated herein, may be promulgated only with the consent of both the secretary and the board.
Ala. Code § 25-12-6 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-6
Section 25-12-6 Maximum Allowable Working Pressure
Status: in_force

(a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, the boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable.

(b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.

(c) This chapter shall not be construed to prevent the use, the sale, or the reinstallation of a boiler or pressure vessel referred to in this section, provided it has been made to conform to the rules and regulations of the board governing existing installations and has not been found upon inspection to be in an unsafe condition.
Ala. Code § 25-12-13 — Alabama Code / Title 25 / Chapter 12 / Section 25-12-13
Section 25-12-13 Certificate of Competency - Replacement Upon Loss or Destruction
Status: in_force

If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued without further examination.
Ala. Code § 25-3-1 — Alabama Code / Title 25 / Chapter 3 / Section 25-3-1
Section 25-3-1 Created
Status: reserved

Repealed by Act 2012-496, §5, effective October 1, 2012.
Ala. Code § 25-5-10 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-10
Section 25-5-10 Liabilities of Persons Engaged in Schemes, Etc., to Avoid Liability to Workers
Status: in_force

(a) A person who creates or carries into operation any fraudulent scheme, artifice, or device to execute work without being responsible to the worker for the benefits provided by this chapter shall be included in the term “employer” and shall be subject to all the liabilities of employers under this chapter.

(b) When compensation is claimed from or proceedings taken against a person under subsection (a) of this section, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of the injury.

(c) The employer shall not be liable or required to pay compensation for injuries due to the acts or omissions of third persons not at the time in the service of the employer nor engaged in the work in which the injury occurs, except as provided in Section 25-5-11.
Ala. Code § 25-4-52 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-52
Section 25-4-52 Contributions by Employees
Status: reserved

(a) For each calendar year ending prior to January 1, 1986, contributions by employees shall be as was provided by this section prior to that date.

(b) Repealed by Acts 1989, No. 89-405, §2.
Ala. Code § 25-9-62 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-62
Section 25-9-62 Removal of Large and Dangerous Accumulations of Water in Adjoining Mines
Status: in_force

In any coal mine or coal mines or parts thereof wherein water may have been allowed to accumulate in large and dangerous quantities, putting in danger the adjoining or adjacent coal mines and the lives of the miners working therein, and when such can be tapped and set free and flow by its own gravity to any point of drainage, any operator or person having a mine so endangered, with the approval of the department, may proceed and remove the said danger by driving a drift or drifts protected by bore holes as provided by this chapter, and, in removing said danger, it shall be lawful to drive across property lines if needful. All coal removed in such driving from adjacent lands shall be paid for on the basis of $.25 per ton of 2,000 pounds. No person shall dam or in any way obstruct the flow of water from said mine or parts thereof when so set on any part of its passage to point of drainage.
Ala. Code § 25-5-110 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-110
Section 25-5-110 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) OCCUPATIONAL DISEASE. A disease arising out of and in the course of employment, including occupational pneumoconiosis and occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of this section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure, over a period of time, to the normal working conditions of the trade, process, occupation, or employment.

(2) OCCUPATIONAL PNEUMOCONIOSIS. A disease of the lungs caused by inhalation of minute particles of dust over a period of time, which dust is due to causes and conditions arising out of and in the course of the employment, without regard to whether the causes or conditions are inherent in the employment or can be eliminated or reduced by due care on the part of the employer. The term “occupational pneumoconiosis” shall include, but without limitation, such diseases as silicosis, siderosis, anthracosis, anthrasilicosis, anthracosilicosis, anthraco-tuberculosis, tuberculosilicosis, silico-tuberculosis, aluminosis, and other diseases of the lungs resulting from causes enumerated in this section.

(3) OCCUPATIONAL EXPOSURE TO RADIATION. Gradual exposure to radiation over a period of time from the use of or direct contact with radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out of and in the course of the employment and resulting from the nature of the employment in which the employee is engaged, without regard to whether the exposure is inherent in the employment or can be eliminated or reduced by due care on the part of the employer.

(4) NATURE OF EMPLOYMENT. With respect to subdivisions (2) and (3) above, this term shall mean that, as to the industry in which the employee is engaged, there is attached a particular hazard of the exposure that distinguishes it from the usual run of occupations and is in excess of the hazards of the exposure attending employment in general.

(5) CONTRACTION OF AN OCCUPATIONAL DISEASE. This term shall include any aggravation of the disease without regard to the employment in which the disease was contracted.
Ala. Code § 25-5-226 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-226
Section 25-5-226 Solicitation of Employment or Acceptance of Solicited Employment by Attorneys
Status: in_force

Any attorney who in person solicits employment to collect for a consideration any claim of any employee for compensation under this chapter, or who solicits for a consideration employment to defend such claims, or who knowingly accepts such claim after it has been solicited by some other person, or who employs any other person for the purpose of soliciting or obtaining such claim or claims 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. Any attorney convicted under this section must be removed and disbarred from the practice of law in this state, and the record of his conviction is conclusive evidence thereof. The commission by any attorney of any of such acts shall also be a cause for the removal and disbarment of such attorney.
Ala. Code § 25-9-283 — Alabama Code / Title 25 / Chapter 9 / Section 25-9-283
Section 25-9-283 Provision of Sanitary Toilets, Potable Drinking Water, and Drinking Cups or Fountains
Status: in_force

(a) Approved sanitary toilets shall be provided and kept in a clean and sanitary condition. Such toilets should be in a central location for use by employees.

(b) Potable drinking water shall be provided for all employees.

(c) Individual drinking cups or bubbling fountains shall be provided.
Ala. Code § 25-4-12 — Alabama Code / Title 25 / Chapter 4 / Section 25-4-12
Section 25-4-12 Fund
Status: in_force

“Fund,” as used in this chapter, means the Unemployment Compensation Fund established by this chapter, to which all contributions and payments in lieu of contributions and from which all benefits required under this chapter shall be paid. All interest earned on the fund shall be credited to said fund.
Ala. Code § 25-5-252 — Alabama Code / Title 25 / Chapter 5 / Section 25-5-252
Section 25-5-252 Board of Directors; Eligibility; Length of Term; Vacancies; Reimbursement; Registered Agent
Status: in_force

The affairs of the association shall be managed by a board of directors which shall consist of nine persons appointed by the Secretary of the Department of Labor. To be eligible for appointment, a person must be an owner, employee, or agent of a member self-insurer, and should be experienced in the field. In the initial appointments, four directors shall be appointed for a two year term and five shall be appointed for a four-year term. Subsequent terms shall be for a period of four years. Vacancies on the board shall be filled for the unexpired portion of the term in the same manner. Directors shall be entitled to no compensation for their services as such, but shall be entitled to reimbursement from the association of expenses incurred in carrying out their duties. The board of directors shall designate a registered office and appoint a registered agent and shall continuously maintain the same, and shall file with the Secretary of State a certification thereof.