2019 Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 60. Safety
Article 1. Prevention of Accident and Health Hazards.
Sec. 18.60.095. Penalties.
(a) An employer who wilfully or repeatedly violates a provision of AS 18.60.010 - 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 - 18.60.105 may be assessed by the commissioner a civil penalty of not more than the maximum amount or less than the minimum amount established by regulation under (i) of this section for each violation.
(b) An employer who receives a citation for a serious violation of a provision of AS 18.60.010 - 18.60.105 that is applicable to the employer or of a standard or regulation adopted under AS 18.60.010 - 18.60.105 shall be assessed by the commissioner a civil penalty of not more than the maximum amount established by regulation under (i) of this section. For purposes of this subsection, a serious violation is considered to exist if the violation creates in the place of employment a substantial probability of death or serious physical harm. However, a serious violation is not considered to exist if the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(c) An employer who receives a citation for a violation of a provision of AS 18.60.010 - 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 - 18.60.105, and the violation is specifically determined not to be of a serious nature, may be assessed by the commissioner a civil penalty of not more than the maximum amount established by regulation under (i) of this section.
(d) An employer who fails to correct a violation within the period permitted for its correction for which a citation has been issued may be assessed by the commissioner a civil penalty of not more than the maximum amount established by regulation under (i) of this section.
(e) An employer who wilfully or repeatedly violates a provision of AS 18.60.010 - 18.60.105 that is applicable to the employer or a standard or regulation adopted under AS 18.60.010 - 18.60.105, and the violation causes death to an employee, upon conviction, is punishable by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. However, upon a second conviction after a prior conviction for a violation causing death, an employer is punishable by a fine of not more than $20,000, or by imprisonment for not more than one year, or by both. This subsection does not preclude prosecution of the employer under AS 11.
(f) A person who knowingly makes a false statement, representation, or certification with the intent to mislead in an application, record, report, plan or other document filed or required to be maintained under AS 18.60.010 - 18.60.105 is guilty of unsworn falsification in the second degree.
(g) An employer who violates the posting requirements of AS 18.60.010 - 18.60.105 shall be assessed by the commissioner a civil penalty of not more than the maximum amount established by regulation under (i) of this section.
(h) In assessing a civil penalty, the commissioner shall give due consideration to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.
(i) The commissioner shall establish by regulation the maximum civil penalty amounts to be imposed under (a) - (d) and (g) of this section and the minimum civil penalty amount to be imposed for wilful violations under (a) of this section. The maximum amount of the civil penalties may not be greater than the corresponding federal penalty for the specified violations, as provided under 29 U.S.C. 666 (Occupational Safety and Health Act of 1970), and must include any adjustments made to the penalties under 28 U.S.C. 2461 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015).
