reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.330 - Temporary variances

Current through May 31, 2024
(a) An employer desiring a temporary variance
				  from a safety or health standard adopted pursuant to
				  AS
				  18.60.010-18.60.105 may file a written
				  application with the commissioner requesting a temporary variance.
(b) An application filed pursuant to (a) of
				  this section must include
(1) the name and
				  address of the applicant;
(2) the
				  name and address of the place of employment involved;
(3) specification of the standard or portion
				  thereof from which the applicant seeks a temporary variance, with an
				  explanation and description of the variance;
(4) a representation by the applicant
				  supported by representations from qualified persons having first-hand knowledge
				  of the facts represented that he is unable to comply with the standard or
				  portion thereof by its effective date and detailed statement of the reasons
				  therefor;
(5) a statement of the
				  steps the applicant has taken and will take with specific dates where
				  appropriate, to protect employees against the hazard covered by the
				  standard;
(6) a statement of when
				  the applicant expects to be able to comply with the standard and of what steps
				  he has taken and will take, with specific dates where appropriate, to come into
				  compliance with the standard;
(7) a
				  statement of facts which shows that
(A) the
				  applicant is unable to comply with a standard by its effective date because of
				  unavailability of professional or technical personnel or of materials and
				  equipment needed to come into compliance with the standard or because necessary
				  construction or alteration of facilities cannot be completed by the effective
				  date;
(B) he is taking all
				  available steps to safeguard his employees against the hazards covered by the
				  standard; and
(C) he has an
				  effective program for coming into compliance with the standard as quickly as
				  practicable;
(8) any
				  request for a hearing as provided by sec. 370 of this chapter; and
(9) a certified statement that the applicant
				  has informed his employees of the application; the statement must contain the
				  following:
(A) if the employees have an
				  authorized representative, that a copy of the application, a written statement
				  of the employees' right to a hearing, and any other supporting documents were
				  furnished to the representative; and
(B) that a summary of the application was
				  posted at or near the condition or practice that would be affected by the
				  variance and at the place or places where notices to employees are customarily
				  posted; the summary shall specify where a copy of the application may be
				  obtained and contain a statement of the employee's right to a hearing on the
				  application.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.340 - Permanent variances

Current through May 31, 2024
(a) An employer desiring a permanent variance
				  from a safety or health standard, or portion thereof, adopted pursuant to
				  AS
				  18.60.010-18.60.105 may file a written
				  application with the commissioner requesting a permanent variance.
(b) An application filed pursuant to (a) of
				  this section must include
(1) the name and
				  address of the applicant;
(2) the
				  name and address of the place or places of employment involved;
(3) specification of the standard or portion
				  thereof from which the applicant seeks a variance;
(4) a description of the conditions,
				  practices, means, methods, operations, or processes used or proposed to be used
				  by the applicant;
(5) a statement
				  showing how the conditions, practices, means, methods, operations, or processes
				  used or proposed to be used would provide employment and places of employment
				  for employees which are as safe and as healthful as those required by the
				  standard from which a variance is sought;
(6) any request for a hearing, as provided by
				  sec. 370 of this chapter; and
(7) a
				  certified statement that the applicant has informed his employees of the
				  application. The statement must contain the following:
(A) if the employees have an authorized
				  representative, that a copy of the application, a written statement of the
				  employees' right to a hearing, and any other supporting documents were
				  furnished to the representative; and
(B) that a summary of the application was
				  posted at or near the condition or practice that would be affected by the
				  variance and at the place or places where notices to employees are customarily
				  posted. The summary must specify where a copy of the application may be
				  obtained and contain a statement of the employees' right to a hearing on the
				  application.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.350 - Modification or revocation of a permanent variance

Current through May 31, 2024
(a) An employer,
				  employee, or the employees' authorized representative may apply in writing to
				  the commissioner for modification or revocation of a permanent variance issued
				  pursuant to
				  AS
				  18.60.077. An application will not be
				  considered unless the variance has been in effect for six or more
				  months.
(b) The application must
				  contain
(1) the name and address of the
				  applicant and specify if applicant is an employer, employee, or authorized
				  representative of the employees;
(2) a description of the relief which is
				  sought;
(3) a statement setting
				  forth with particularity the grounds for relief;
(4) if the applicant is an employer, a
				  certification that the applicant has informed affected employees of the
				  application by
(A) giving a copy thereof to
				  their authorized representative, if any;
(B) posting at the place or places where
				  notices to employees are normally posted a statement giving a summary of the
				  application and specifying where a copy of the full application may be examined
				  (or, in lieu of the summary, posting the application itself); and
(C) other appropriate means;
(5) if the applicant is an
				  employer, a certification that the applicant has informed affected employees,
				  and their authorized representative, if any, of their right to request a
				  hearing on the application;
(6) if
				  the applicant is an affected employee, a certification that a copy of the
				  application has been furnished to the employer; and
(7) any request for a hearing, as provided in
				  8 AAC 61.370.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.360 - Action on applications

Current through May 31, 2024
(a) If an application filed under
				  8 AAC 61.330 -
				  8 AAC 61.350 does not substantially conform to the
				  requirements of the applicable section, the commissioner may deny the
				  application. If the application is denied, the commissioner will give prompt
				  notice of the denial with reasons for it to the applicant.
(b) If an employer is contesting a citation,
				  proposed penalty, or period of abatement, the commissioner may refuse to
				  entertain the employer's application for a variance until a final order on the
				  contest is issued by the board.
(c)
				  If an application has been determined to conform substantially to the
				  requirements in
				  8 AAC 61.330 -
				  8 AAC 61.350, the commissioner will cause a notice to be
				  published in a newspaper of statewide circulation and in a newspaper of local
				  circulation in the area where the variance would apply. The notice will include
(1) the terms, or an accurate summary, of the
				  application;
(2) the legal
				  authority under which the application has been filed;
(3) a statement that interested persons may
				  submit, within a designated period of time, written data, views, or arguments
				  regarding the application; and
(4)
				  a statement that affected employers or employees have a right to request,
				  within a designated period of time, a hearing on the application.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.365 - Effective date of variances

Current through May 31, 2024
All variances granted pursuant to
					 8 AAC 61.330 -
					 8 AAC 61.350 take effect on the date the order is signed
					 by the commissioner or at a future date as determined by the commissioner and
					 specified in the order.
Authority:
AS
						18.60.020
AS 18.60.077
AS
						18.60.081
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.370 - Hearings

Current through May 31, 2024
(a) Requests for a hearing allowed by
				  8 AAC 61.330 -
				  8 AAC 61.350 must be filed with the commissioner within
				  20 days after the filing of the application required by
				  8 AAC 61.330 -
				  8 AAC 61.350. If the commissioner proposes to modify or
				  revoke a variance, the hearing request must be filed within the time limit
				  established by the public notice published in accordance with
				  8 AAC 61.350.
(b) No particular form is prescribed for the
				  hearing request. However, any request must contain the following information:
(1) a concise statement of facts showing how
				  the employer or employee would be affected by the relief applied for;
(2) a specification of any statement or
				  representation in the application which is denied, and a concise summary of the
				  evidence that would be supplied in support of each denial; and
(3) any views or arguments on any issue of
				  fact or law presented.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.380 - Consolidation of proceedings

Current through May 31, 2024
The commissioner, on the commissioner's own motion or by
					 motion of any party, may consolidate or contemporaneously consider two or more
					 proceedings that involve the same or closely related issues.
Authority:
AS
						18.60.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.390 - Notice of hearing

Current through May 31, 2024
(a) Upon request for a hearing on an
				  application as provided in 8 AAC 61.3308 AAC 61.350, or on the commissioner's
				  own initiative, the commissioner will serve the affected parties personally or
				  by registered mail a notice of the hearing. The notice will be given at least
				  30 days before the date of the hearing.
(b) A notice of hearing served under (a) of
				  this section will include
(1) the time and
				  place and nature of the hearing;
(2) the legal authority under which the
				  hearing is to be held; and
(3) a
				  specification of issues of fact and law.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.400 - Manner of service

Current through May 31, 2024
Service of a document upon a party may be made by personal
					 delivery or registered mail to the last known address of the party. The person
					 serving the document shall certify to the manner and the date of the
					 service.
Authority:
AS
						18.60.020
AS
						18.60.077
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 6 - Consulting and Training › 8 AAC 61.410 - Consultative services

Current through May 31, 2024
(a) Upon request of an employer, the
				  department may provide consultative and training services. Services will be
				  limited to the interpretation and application of
				  AS
				  18.60.010-18.60.105 and the regulations,
				  standards, orders and rules adopted pursuant thereto.
(b) Requests may be verbal or written and
				  must specify the conditions, structures, machines, equipment, devices, methods,
				  means and practices for which the service is requested.
(c)8 AAC 61.410 -
				  8 AAC 61.420 are not to be construed as providing
				  immunity to any employer who has requested consultative or training services
				  during the pendency of the granting of such request from an inspection or
				  investigation conducted under
				  AS
				  18.60.083 or
				  AS
				  18.60.088.
Authority:
AS
						18.60.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 6 - Consulting and Training › 8 AAC 61.420 - Powers of consultants and trainers

Current through May 31, 2024
(a) Consultants and
				  trainers may make recommendations regarding the elimination of any condition or
				  practice discovered that creates a safety or health hazard during the course of
				  an on-site visit.
(b) A visit by a
				  consultant or trainer to a place of employment will not be regarded as an
				  inspection or investigation under the provisions of
				  AS
				  18.60.010-18.60.105.
(c) An employer shall take the necessary
				  action to eliminate or control employee exposure to a serious violation as
				  defined in
				  AS
				  18.60.095(b) which is
				  discovered during an on-site visit. If the employer fails to correct the
				  serious violation within the time specified by the division, the division will,
				  in its discretion, have the affected place of employment inspected by a
				  compliance officer. The compliance officer may recommend to the department that
				  a citation be issued.
(d)
				  Consultants and trainers may not issue citations for alleged violations of
				  AS
				  18.60.010-18.60.105 or any regulation,
				  standard, rule or order promulgated pursuant thereto. However, if a consultant
				  or trainer during the course of a visit to a place of employment discovers an
				  imminent danger, he is designated an agent of the commissioner and may issue an
				  order restraining the practice or condition creating the imminent danger. If a
				  consultant or trainer issues a restraining order, he shall immediately inform
				  the commissioner and the division that a restraining order was issued. The
				  division will have the affected place of employment inspected by a compliance
				  officer. The compliance officer may modify or revoke the restraining order and
				  recommend to the department that a citation be issued.
Authority:
AS
						18.60.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 6 - Consulting and Training › 8 AAC 61.425 - Exemption from scheduled enforcement inspections

Current through May 31, 2024
(a) An employer
				  will, upon request, be exempt from a general scheduled enforcement inspection
				  for a period of one year after the end of the closing conference of a
				  consultative on-site visit that covers all conditions and operations in the
				  workplace, if the employer
(1) corrects all
				  hazards identified by the consultant within the time agreed upon;
(2) posts a notice in the workplace that all
				  hazards have been corrected;
(3)
				  demonstrates that core elements of an effective safety and health program are
				  in effect, and that any remaining elements of an effective safety and health
				  program, as specified by the consultant, will be implemented within a
				  reasonable, agreed-upon, time; and
(4) agrees to request a consultative visit if
				  changes in working conditions or work processes occur which may introduce new
				  hazards.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.470 - Employees protected

Current through May 31, 2024
(a) In
				  AS
				  18.60.089 and
				  8 AAC 61.470 -
				  8 AAC 61.530, an "employee"
(1) includes an employee as defined in
				  AS
				  18.60.105;
(2) may, in the department's discretion,
				  include an applicant for employment, as required by
				  29 C.F.R.
				  1977.5(b); and
(3) need not be employed by the discriminator
				  when engaging in the protected activity as long as the employee was an
				  "employee" under (1) or (2) of this subsection at that time.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.480 - Protected activity

Current through May 31, 2024
(a) To establish a violation of
				  AS
				  18.60.089, the employee's engagement in a
				  protected activity need not be the only consideration for discharge or other
				  discrimination.
				  AS
				  18.60.089 is violated if
(1) engaging in a protected activity is a
				  substantial reason for the action; and
(2) the discharge or other discrimination
				  would not have taken place if the employee had not engaged in a protected
				  activity.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.490 - Unprotected activity

Current through May 31, 2024
An employee who refuses to comply with occupational safety
					 and health regulations or valid safety rules implemented by an employer may
					 jeopardize rights afforded by
					 AS
					 18.60.010-18.60.105. Disciplinary measures
					 taken by an employer solely in response to employee refusal to comply with
					 appropriate safety or health rules and regulations ordinarily will not be
					 regarded as discriminatory.
Authority:
AS
						18.60.020
AS 18.60.030
AS
						18.60.089
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.500 - Filing discrimination complaints

Current through May 31, 2024
An employee, or a representative of an employee, who
					 believes that a violation of
					 AS
					 18.60.089 has occurred, may file a
					 complaint.
Authority:
AS
						18.60.020
AS
						18.60.030
AS
						18.60.089
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.510 - Withdrawal of complaint

Current through May 31, 2024
The department will, in its discretion, continue its
					 investigation of a discrimination complaint and pursue appropriate legal
					 proceedings regardless of the withdrawal of a complaint.
Authority:
AS
						18.60.020
AS 18.60.030
AS
						18.60.089
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.520 - Arbitration or other proceeding

Current through May 31, 2024
(a) An employee who
				  files a complaint under
				  AS
				  18.60.089 may also seek relief under
				  grievance arbitration provisions in applicable collective bargaining agreements
				  and may concurrently seek relief from other agencies, such as the National
				  Labor Relations Board. The department's jurisdiction to investigate
				  discrimination complaints is independent of the jurisdiction of other agencies
				  or bodies. The department will, in its discretion, file an action in the
				  superior court regardless of other pending proceedings.
(b) If a complainant chooses to seek other
				  relief, the department will, in its discretion, suspend its determination and
				  defer to the results of the other proceedings, if the rights and remedies
				  provided in the other proceedings are substantially the same as those provided
				  under AS
				  18.60.089.
Authority:
AS
						18.60.020
AS 18.60.030
AS
						18.60.089
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 7 - Discrimination › 8 AAC 61.530 - Review procedures

Current through May 31, 2024
(a) The director
				  shall determine if a complaint under
				  AS
				  18.60.089 merits referral to the attorney
				  general to bring an action in the superior court against the
				  violator.
(b) If the director
				  determines that the complaint does not have merit, the complainant may obtain a
				  review of the determination by submitting a written request to the commissioner
				  not later than 15 days after receiving notification of the director's
				  determination. The commissioner will inform the complainant of the results of
				  the review not later than 15 days after receipt of the request for review of
				  the director's determination.
Authority:
AS
						18.60.020
AS 18.60.030
AS
						18.60.089
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.600 - Certification required

Current through May 31, 2024
A person performing, directly supervising, or monitoring
					 asbestos abatement work must have a certificate issued under
					 8 AAC 61.720. The certificate must be in the person's
					 possession when performing work subject to
					 AS
					 18.31.200, and must be shown to a
					 representative of the department upon request.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.610 - Training

Current through May 31, 2024
An employer must assure that an employee who performs,
					 designs, directly supervises, or monitors asbestos abatement work has a current
					 certification, as specified in
					 8 AAC 61.600, through a department-approved asbestos
					 abatement training program.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.620 - Training program and contractor plan approval required

Current through May 31, 2024
(a) Before a
				  person, association, union, corporation, contractor, or other entity may
				  undertake a program to train and certify persons under
				  AS
				  18.31.200, the person, association, union,
				  corporation, contractor, or other entity must submit to the department an
				  application, as described in
				  8 AAC 61.630, and obtain approval of the program from
				  the department.
(b) Before a
				  contractor may undertake work to abate an asbestos health hazard, the
				  contractor must submit to the department, and receive approval of, a plan that
				  assures that its employees are certified as required under
				  8 AAC 61.600. The plan must include
(1) the names and certificate numbers of the
				  employees who will be employed to abate the asbestos health hazard;
(2) the starting and ending dates of the
				  abatement project; and
(3) the
				  location of the abatement project.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.630 - Application for training program approval

Current through May 31, 2024
(a) An application
				  for approval of an asbestos abatement training program submitted to the
				  department must include
(1) the applicant's
				  name, address, telephone number, and social security number;
(2) a detailed description of the topics,
				  including the amount and type of hands-on training, used in the training
				  course, which verifies inclusion of the subjects and procedures described in
				  8 AAC 61.700;
(3) a description of all audio-visual
				  materials to be used in the training course;
(4) a copy of the written examination and a
				  detailed description of the practical examination to be administered to
				  trainees to test their skills and knowledge; information must be provided to
				  describe the length, format, and passing score of the written and practical
				  examinations used to test the trainees' skill and knowledge;
(5) a detailed description of the scoring
				  methodology to be used in grading the written and practical examinations
				  described in
				  8 AAC 61.710, and a detailed statement about the
				  development of the examination used in the course;
(6) the names of the course instructors and a
				  description of the instructors' qualifications, which verifies that the
				  instructors meet the minimum qualifications in
				  8 AAC 61.680;
(7) an application fee of $1,000;
(8) a list of any other states that currently
				  approve the training course;
(9) a
				  copy of all course materials, including student manuals, instructor notebooks,
				  and handouts; and
(10) a copy of
				  the instructions provided to students that specify the procedures that students
				  must follow under
				  8 AAC 61.720 and
				  8 AAC 61.730 to obtain an asbestos certification after
				  successful completion of the initial training course.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.635 - Application for renewal course approval

Current through May 31, 2024
(a) The training
				  provider must have an approved training course under
				  8 AAC 61.630 in order to receive approval to instruct an
				  asbestos renewal course.
(b) The
				  renewal course specified in (a) of this section must be conducted as a separate
				  and distinct course and may not be combined with any other training during the
				  period of the renewal course.
(c)
				  An application for approval of an asbestos abatement training program submitted
				  to the department must include
(1) the
				  applicant's name, address, telephone number, and social security
				  number;
(2) a detailed description
				  of the
(A) topics, including the amount and
				  type of hands-on training as appropriate;
(B) audio-visuals used in the training
				  course, which verifies inclusion of the subjects; and
(C) procedures described in
				  8 AAC 61.740;
(3) a copy of all course materials, including
				  student manuals, instructor notebooks, and handouts;
(4) the names of the course instructors and a
				  description of the ins' qualifications, which verifies that the instructors
				  meet the minimum qualifications in
				  8 AAC 61.680;
(5) a list of any other states that currently
				  approve the training course; and
(6) a copy of the instructions provided to
				  students that specify the procedures that students must follow under
				  8 AAC 61.720,
				  8 AAC 61.730, and
				  8 AAC 61.740 to obtain an asbestos certification after
				  successful completion of the renewal training course.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.640 - Changes to an approved training program or contractor plan

Current through May 31, 2024
(a) A change to
				  an approved asbestos abatement training program or contractor plan must be
				  approved by the department before any implementation of the proposed change. A
				  filing fee of $250 must be submitted with any proposed content
				  change.
(b) If a change in state or
				  federal asbestos regulations occurs, the department will notify approved
				  training programs of the change. The training program then must incorporate the
				  change into its next scheduled training course.
(c) The department must be notified in
				  writing of a proposed change of course instructors demonstrating that the
				  proposed instructors meet the requirement of
				  8 AAC 61.880. The proposed instructors may not begin to
				  provide instruction until the department has, in writing, approved the
				  instructors.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.660 - Action on applications

Current through May 31, 2024
(a) The department will, within 90 days after
				  receipt,
(1) review an application filed
				  under 8 AAC 61.620(a)
				  that meets the requirements of
				  8 AAC 61.630, or
				  8 AAC 61.635, as appropriate; and
(2) review a contractor's plan that meets the
				  requirements of
				  8 AAC 61.620(b).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.670 - Duration of training program approval

Current through May 31, 2024
(a) The
				  department's approval of a training program is valid for one year after the
				  date of approval unless the department withdraws approval of the program under
				  8 AAC 61.760.
(b) The department will renew its approval of
				  an initial training program for a period of one year, if
(1) the department has not withdrawn approval
				  of the training program;
(2) the
				  applicant submits an application that meets the requirements of
				  8 AAC 61.630 or an affidavit stating that no changes in
				  the program have occurred; and
(3)
				  the applicant submits a nonrefundable filing fee of $250.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.680 - Minimum instructor qualifications

Current through May 31, 2024
(a) An instructor
				  of a training program that certifies persons under
				  8 AAC 61.720 must
(1)
				  be an industrial hygienist who
(A) is
				  certified by the American Board of Industrial Hygiene; or
(B) has asbestos field experience doing air
				  and bulk asbestos sampling and has made written recommendations to an employer
				  or organization on at least three occasions, regarding the abatement of
				  asbestos health hazards; or
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.700 - Initial Course Requirements

Current through May 31, 2024
(a) An initial
				  training course must
(1) be conducted in the
				  state;
(2) provide two
				  department-approved instructors that meet the requirements of
				  8 AAC 61.680;
(3) provide at least 40 hours of instruction
				  given in a five-day period, with 14 hours of hands-on training that includes
				  subject matter instruction on
(A) topics and
				  definitions specified in 40 C.F.R. Part 763, Appendix C to Subpart E,
				  (I)(B)(2), revised as of July 1, 1998, of the course requirements for
				  contractors/supervisors in the AHERA;
(B) notification requirements specified for
				  demolition and renovation in   40 C.F.R. Part 61, Subpart M (National Emission
				  Standard Hazardous Air Pollutants (NESHAP) for asbestos), revised as of July 1,
				  1998;
(C) proper disposal of
				  asbestos-containing materials and clothing, including the requirements of 40
				  C.F.R. Part 61, Subpart M (NESHAP), revised as of July 1, 1998, and the Alaska
				  Department of Environmental Conservation (ADEC) under 18 AAC 61.450 pertaining
				  to disposal of asbestos;
(D) proper
				  emission and disposal controls and regulations in 40 C.F.R. Part 61, Subpart M
				  (NESHAP), revised as of July 1, 1998;
(E) all of
				  29 C.F.R.
				  1926.1101, revised as of July 1, 1998,
				  asbestos standard, including all appendices;
(F) all of
				  29 C.F.R.
				  1910.134, revised as of July 1, 1998,
				  pertaining to respiratory protection when working with asbestos;
(G) the additional respiratory protection
				  standards under
				  8 AAC 61.1030;
(H) proper asbestos spill response, including
(i) evacuation and isolation of the spill
				  area;
(ii) the need for exposed
				  persons who were inadequately protected to shower and change clothes;
(iii) selection of personal protective
				  equipment and clothing for cleaning up a spill; and
(iv) techniques for cleaning up minor versus
				  major asbestos fiber release after a spill;
(I) proper use and application of surfactants
				  and encapsulants.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.710 - Examination

Current through May 31, 2024
(a) An examination must be given to each
				  trainee to test the trainee's knowledge and skill in the subjects and
				  procedures covered by the initial training course. The examination must include
(1) a closed-book written examination that
				  tests the trainee's knowledge of the material covered in
				  8 AAC 61.700(a); and
(2) a practical examination that tests the
				  trainee's
(A) skills in the techniques and
				  procedures covered in the course under
				  8 AAC 61.700(b); and
(B) ability to wear a respirator for at least
				  one hour during activities similar to asbestos abatement work.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.720 - Issuance and duration of certificate

Current through May 31, 2024
(a) A training
				  provider must provide notification to the department in accordance with
				  8 AAC 61.745.
(b) A person may submit an application for
				  certification after successfully completing a department-approved training
				  course in accordance with
				  8 AAC 61.700 and
				  8 AAC 61.710, and must include with the application
(1) payment of a fee in accordance with
				  8 AAC 61.730(a);
(2) a head and shoulders photograph that is
				  at least two inches by two inches in size or have a photograph taken at the
				  Department of Labor and Workforce Development, Division of Labor Standards and
				  Safety;
(3) the person's name,
				  height, weight, social security number, date of birth, current address,
				  telephone number, and name of employer if applicable;
(4) the dates of the course
				  attended;
(5) whether initial or
				  renewal course; and
(6) name of the
				  training provider.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.730 - Certificate fees

Current through May 31, 2024
(a) An applicant shall pay a fee of $100 to
				  the department for a certificate and $25 for a duplicate certificate issued
				  under 8 AAC 61.720.
(b) Repealed 9/10/99.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.735 - Special requirements for persons performing abatement work under the Asbestos Hazard Emergency Response Act (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.740 - Renewal course requirements and renewal of certificate

Current through May 31, 2024
(a) A renewal
				  course must
(1) be conducted in the
				  state;
(2) provide an instructor
				  that meets the requirements of
				  8 AAC 61.680; and
(3) must provide at least eight hours of
				  instruction.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.745 - Notification of department

Current through May 31, 2024
(a) Training
				  providers must notify the department at least 10 days before conducting an
				  approved course. The notification must contain the
(1) name of the training course;
(2) name of training provider and approval
				  number;
(3) dates of the
				  course;
(4) location of the course,
				  and;
(5) names of the course
				  instructors.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.750 - Suspension or revocation of certificate

Current through May 31, 2024
(a) The department
				  will, in its discretion, suspend or revoke a certificate issued under
				  8 AAC 61.720 if a certificate holder
(1) provides false information to the
				  employer or the department;
(2)
				  shows evidence of a mental or physical impairment, which the department
				  determines may interfere with the certificate holder's safe performance of
				  asbestos abatement work;
(3)
				  knowingly or recklessly disregards safe work practices while performing
				  asbestos abatement work;
(4)
				  permits the duplication or use of one's own certificate by another;
(5) performs work for which certification has
				  not been received;
(6) obtains
				  certification from a training provider that does not have approval to offer
				  training for the particular discipline from either the EPA or AKOSH, provided
				  AKOSH has a contractor certification plan at least as stringent as the EPA
				  MAP;
(7) performs work requiring
				  certification required under
				  8 AAC 61.600 at a job site without being in physical
				  possession of a valid certificate; or
(8) is civilly fined or criminally convicted
				  under Section 16 of TSCA, 15
				  U.S.C. 2615 or
				  2647, for violations of  40 C.F.R.
				  Part 763, or Section 113  of the Clean Air Act,
				  42 U.S.C.
				  7413, for violations of  40 C.F.R. Part 61, Subpart M.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.760 - Withdrawal of training program approval

Current through May 31, 2024
(a) The department
				  will, in its discretion, withdraw its approval under
				  8 AAC 61.660(a) of a training program
				  if the training program applicant
(1)
				  falsifies certification records, instructor qualifications, or other
				  certification information;
(2)
				  fails to provide training as specified in the training program's approved
				  plan;
(3) fails to adequately test
				  the trainee's skill as required by
				  8 AAC 61.710;
(4) violates any other provision of
				  8 AAC 61.600 -
				  8 AAC 61.790;
(5) misrepresents the extent of the training
				  course's approval by the state or EPA;
(6) fails to submit required information or
				  notification as specified in
				  8 AAC 61.640,
				  8 AAC 61.745 and
				  8 AAC 61.780; or
(7) fails to maintain requisite records
				  required in
				  8 AAC 61.785.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.765 - Citation and penalties

Current through May 31, 2024
(a) As provided in
				  AS
				  18.31.200(d), the department
				  will issue a citation to, and assess a civil penalty on, a contractor who
				  employs a person to perform, directly supervise, or monitor asbestos abatement
				  work if the person does not have the certificate required by
				  8 AAC 61.600. The department will also issue a citation
				  to, and assess a civil penalty on, a contractor who fails to submit a
				  contractor plan as required by
				  8 AAC 61.620. The department will consider the severity
				  of the violations in determining the amount of the penalty.
(b) For purposes of (a) of this section, a
				  separate citation will be issued for each person who is not certified as
				  required by
				  AS
				  18.31.200(c) and
				  8 AAC 61.600. Each citation will, in the department's
				  discretion, include a separate penalty.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.770 - Appeals

Current through May 31, 2024
(a) A suspension or revocation under
				  8 AAC 61.750, a withdrawal under
				  8 AAC 61.760, or a citation and penalty under
				  8 AAC 61.765 is final unless the person affected files
				  an appeal with the commissioner within 30 calendar days after receipt of the
				  notice of suspension or revocation, notice of withdrawal, or citation and
				  penalty. The appeal must be in writing and must include
(1) a specification of objections to the
				  department's findings, and a concise summary of facts in support of each
				  objection; and
(2) a description of
				  the relief sought.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.780 - Department monitoring of training programs

Current through May 31, 2024
(a) Repealed
				  9/10/99.
(b) A representative of
				  the department will, in the department's discretion, attend a training course
				  as an observer to verify that the training course is conducted in accordance
				  with the program approved under
				  8 AAC 61.660.
(c) The department shall maintain records
				  that document the names of all persons who have been awarded certification, the
				  disciplines for which certification was conferred, training and expiration
				  dates, and the training location. The department shall maintain the records in
				  a manner that allows verification by telephone of the required
				  information.
Authority:
AS
						18.31.020
AS
						18.31.200
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.785 - Course provider recordkeeping

Current through May 31, 2024
(a) All approved
				  providers of accredited asbestos training courses must comply with the
				  following minimum recordkeeping requirements. The training provider
(1) must retain copies of all instructional
				  materials used in the delivery of the classroom training such as student
				  manuals, instructor notebooks, and handouts;
(2) must retain copies of all instructors'
				  resumes and the documents approving each instructor issued by the department or
				  EPA; instructors must be approved by the department or EPA before teaching
				  courses for certification purposes; training provider must notify the
				  department in advance whenever it changes course instructors; records must
				  accurately identify the instructors that taught each particular course for each
				  date that a course is offered;
(3)
				  must keep a record of each person who attends an initial training course and
				  achieves a passing score on the examination for the initial course; these
				  records must clearly indicate the date upon which the examination was
				  administered, the training course and discipline for which the examination was
				  given, the name of the person who proctored the examination, a copy of the
				  examination, and the name and test score of each person taking the examination;
				  the topic and dates of the training course must correspond to those listed on
				  that person's certification certificate;
(4) shall validate whether students have
				  successfully completed the initial or renewal course within the past 24
				  calendar months before allowing admission of the student into a new renewal
				  course; and
(5) must retain records
				  for 30 years.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 8 - Asbestos Abatement Certification › 8 AAC 61.790 - Definitions

Current through May 31, 2024
In
					 8 AAC 61.600 -
					 8 AAC 61.790
(1) "asbestos abatement work" means all
				  activities involved in
(A) Class I or Class
				  II asbestos work under 29
				  C.F.R. 1915.1001 or
				  29 C.F.R.
				  1926.1101 revised as of July 1, 1998;
				  and
(B) responding to a major fiber
				  release episode;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 9 - Painting Certification › 8 AAC 61.800 - Certification required

Current through May 31, 2024
A professional painter performing hazardous painting work
					 must have a hazardous painting certificate issued under
					 8 AAC 61.855. The certificate must be in the person's
					 possession when performing work subject to
					 AS
					 18.63.010-18.63.100, and must be shown to a
					 representative of the department upon request.
Authority:
AS
						18.63.010
AS 18.63.040
AS
						18.63.060
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 9 - Painting Certification › 8 AAC 61.810 - Training program approval required

Current through May 31, 2024
Before a person, association, union, corporation or other
					 entity may operate a program to train persons under
					 AS
					 18.63.040, the person, association, union,
					 corporation or other entity must submit to the department an application, as
					 described in
					 8 AAC 61.815, and obtain approval of the program from
					 the department.
Authority:
AS
						18.63.040
AS
						18.63.060