Title 8 . Labor and Workforce Development

Chapter 61 . Boiler and Pressure Vessel Construction Code

Section 135. Petitions for modification of abatement period

8 AAC 61.135. Petitions for modification of abatement period

(a) An employer may file a petition for modification of an abatement date when that employer has made a good faith effort to comply with the abatement requirements of a citation, but the abatement has not been completed because of factors beyond the employer's reasonable control.

(b) A petition for modification of an abatement date must be in writing and must include the following information:

(1) all steps taken by the employer and the dates of that action, in an effort to achieve compliance during the prescribed abatement period;

(2) the specific additional abatement time necessary in order to achieve compliance;

(3) the reasons the additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;

(4) all available interim steps being taken to safeguard the employees against the cited hazard during the abatement period;

(5) a certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with (d) of this section, and a certification of the date upon which the posting and service were made.

(c) A petition for modification of an abatement date must be filed with the director no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition must be accompanied by the employer's statement of exceptional circumstances explaining the delay.

(d) At the time of filing the petition with the director, a copy of the petition must be posted in a conspicuous place where all affected employees will have notice of it or near each location where the violation occurred. The petition must remain posted for a period of 10 days. Where affected employees are represented by an authorized representative, the representative must be served with a copy of the petition.

(e) Affected employees or their representatives may file an objection in writing to the petition with the director. Failure to file an objection within 10 working days of the date of posting of the petition or of service upon an authorized representative will constitute a waiver of any further right to object to the petition.

(f) The commissioner or his authorized representative will not act on the petition until the expiration of at least 15 working days from the date the petition was filed with the director.

(g) If a petition is objected to by the commissioner, his authorized representative, or affected employees, the petition, citation, and any objections will be forwarded to the board for a hearing and decision on the petition within three days after the expiration of the 15-day period set out in (f) of this section.

(h) An employer whose petition for modification of an abatement date is heard by the board will have the burden of proof to demonstrate that it has made a good-faith effort to comply with the abatement requirements of the citation but that abatement has not been completed because of factors beyond the employer's reasonable control.

History: Eff. 11/22/75, Register 56; am 1/4/78, Register 64; am 2/1/85, Register 93

Authority: AS 18.60.020

AS 18.60.093