8 AAC 61.140 - Assessment of penalties for citations
(a) The
commissioner or the commissioner's authorized designee may assess a civil
penalty when the department issues a citation under
8
AAC 61.110. The commissioner or authorized designee
will assess a penalty for any violation classified as a serious, repeat,
willful, or failure-to-abate violation. The commissioner or authorized designee
may assess a penalty for any violation classified as other than
serious.
(b) The commissioner or
the commissioner's authorized designee may assess civil penalties for
violations of
AS
18.60.010-18.60.105, and except
as adjusted under (j) of this section, the penalty
(1) for a willful or repeated violation under
AS
18.60.095(a) may not be less
than $9,239, unless a lower amount is negotiated in a settlement, and may not
exceed $129,336;
(2) for a serious
violation under
AS
18.60.095(b) may not exceed
$12,934;
(3) for an
other-than-serious violation under
AS
18.60.095(c) may not exceed
$12,934;
(4) for failure to correct
a violation under
AS
18.60.095(d) is $12,934 for
each day during which the failure to correct the violation continues;
(5) for posting a violation under
AS
18.60.095(g) is
$12,934.
(c) Repealed
7/28/2013.
(d) The commissioner or
the commissioner's authorized designee will determine the amount of any
proposed penalty, giving due consideration to the size of the employer's
business, gravity of the violation, good faith of the employer, and the
employer's previous history of violations of
AS
18.60.010 18.60.105. The commissioner or
authorized designee also may consider the recommendations of a representative
of the department who has consulted with the employer concerning the factors
that the commissioner or authorized designee may consider in assessing a
penalty.
(e) The commissioner or
the commissioner's authorized designee will notify the employer of the penalty
proposed according to the requirements set out in
AS
18.60.093. A notice will be sent even if no
penalty is proposed.
(f) The
commissioner or the commissioner's authorized designee may propose a penalty
with respect to an alleged serious violation even though the employer
immediately abates the alleged violation. However, an employer who demonstrates
immediate abatement of an alleged violation and requests an informal conference
is eligible for a 30- to 50-percent reduction through an informal settlement
agreement signed before the expiration of the 15-working day period established
in
AS
18.60.093(a) for a notice of
contest.
(h) In deciding cases
contested under
8
AAC 61.150 -
8
AAC 61.220, the board is not bound by the department's
classification of a violation or the commissioner's or the commissioner's
authorized designee's assessment of a penalty for a violation.
(i) Repealed 7/28/2013.
(j) The minimum and maximum penalties in
subsection (b)(1) through (5) of this section are adjusted annually under
29 C.F.R.
1903.15 based on the Consumer Price Index for
all Urban Consumers (CPI-U) published by the United States Department of Labor,
Bureau of Labor Statistics. The adjusted minimum and maximum penalties will be
published annually by the department in the Alaska Occupational Safety and
Health Civil Penalties pamphlet on or before February 1 and will apply to
penalties assessed beginning on February 1 of that same calendar year through
January 31 of the next calendar year.
Notes
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority: AS 18.60.020
AS 18.60.091
AS 18.60.095
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