Title 8 . Labor and Workforce Development

Chapter 61 . Boiler and Pressure Vessel Construction Code

Section 140. Assessment of penalties for citations

8 AAC 61.140. Assessment of penalties for citations

(a) The department will, in the department's discretion, assess a civil penalty when it issues a citation under 8 AAC 61.110. The department will assess a penalty for any violation classified as a serious, repeat, willful, or failure-to-abate violation. The department will, in the department's discretion, assess a penalty for any other-than-serious violation.

(b) The maximum civil penalty that the department may assess is set out in AS 18.60.095 .

(c) For purposes of the department's classifying a violation, handling a citation, and assessing a civil penalty for a violation; the department adopts by reference sections (C)(2)(a) - (f), (C)(3), and (C)(5) of chapter III and section (C) of chapter IV of the U.S. Department of Labor, Occupational Safety and Health Administration Instruction CPL 2.103 Field Inspection Reference Manual, revised as of September, 1994.

(d) The commissioner 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 based on the criteria adopted by reference in (c) of this section. The commissioner will, in the commissioner's discretion, also consider the recommendations of a representative of the department who has consulted with the employer concerning the factors that the commissioner will consider in assessing a penalty.

(e) The department 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 department will, in the department's discretion, propose a penalty with respect to an alleged violation even though the employer immediately abates the alleged violation.

(g) Failure to abate a violation within the period allowed by the department will subject the employer to liability on the full amount of the proposed penalty as well as a possible additional proposed penalty, as provided by 8 AAC 61.130.

(h) In deciding cases contested under 8 AAC 61.150 - 8 AAC 61.220, the board is not bound by the chapters in the Federal Inspection Reference Manual adopted by reference in (c) of this section when it decides the classification of a violation or the assessment of a penalty for a violation.

(i) Unless the context in which a term is used clearly requires a different meaning, the following revisions are necessary to make requirements adopted by reference in (c) of this section technically feasible in this state:

(1) all references to "Section 5(a)(1)" are revised to read " AS 18.60.075 (a)(4)";

(2) all references to "Section 17" are revised to read " AS 18.60.095 ";

(3) all references to "29 C.F.R. Part 1903.2" are revised to read "8 AAC 61.1940 - 8 AAC 61.1950";

(4) all references to "29 C.F.R. Part 1903.16" are revised to read "8 AAC 61.120";

(5) repealed 10/6/2002;

(6) repealed 10/6/2002;

(7) repealed 10/6/2002;

(8) all references to "29 C.F.R. Part 1904.7" are revised to read "8 AAC 61.270";

(9) all references to "29 C.F.R. Part 1904.8" are revised to read " AS 18.60.058 ";

(10) all references to "29 C.F.R. Part 1910.20" are revised to read "8 AAC 61.270";

(11) all references to "Area Director" are revised to read "director of the Division of Labor Standards and Safety";

(12) all references to "Assistant Area Director" are revised to read "Chief of Alaska Occupational Safety and Health (AKOSH)";

(13) all references to "Regional Solicitor" are revised to read "Department of Law, Civil Division";

(14) all references to "U.S. Department of Justice" are revised to read "Department of Law, Criminal Division"; and

(15) all references to "Secretary" are revised to read "Commissioner of Labor and Workforce Development";

History: Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 11/12/93, Register 128; am 3/27/96, Register 137; am 9/27/98, Register 147; am 10/6/2002, Register 164

Authority: AS 18.60.020

AS 18.60.091

AS 18.60.095

Editor's note: Copies of the Federal Inspection Reference Manual (the "FIRM") are available from the Alaska Department of Labor and Workforce Development, division of labor standards and safety, occupational safety and health section, P.O. Box 21149, Juneau, Alaska 99802-1149. In addition, the FIRM is available on the Internet at http://www.osha.gov/readingroom.htm1-

#MANUALS.

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.