Section 18.60.088. Employee requests for special inspection.

   (a) An employee or a representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists may request an inspection by giving notice of the violation or danger to the department.  The notice must be in writing and set out with reasonable particularity the grounds for the notice and be signed by the employee or the representative of the employees. If, upon receipt of the notice, the department determines that there are reasonable grounds to believe that a violation or danger exists, the department shall make a special inspection as soon as practicable.  If the department determines there are no reasonable grounds to believe that a violation exists, the department shall notify in writing the employee or the representative of the employees of that determination.
   (b) If the department makes a special inspection, or an inspection under AS 18.60.083, a copy of an employee notice shall be provided the employer no later than at the time of the inspection. Unless expressly consented to by the person giving the notice, the person's name and the name of employees referred to in the notice shall be kept confidential and may not appear in the copy provided the employer or in any record available to the employer.
   (c) The department shall furnish the notifying person a written explanation of why a citation was not issued after a special inspection.
   (d) The department shall, by regulation, establish a review procedure for a failure to issue a citation after a special inspection and shall provide the employees requesting a review a written statement of the final disposition of the case.

Notes

Implemented As

8 AAC 61.070
8 AAC 61.080
8 AAC 61.090

References

8 AAC 61.080
8 AAC 61.410

History

(Sec. 7 ch 72 SLA 1973; am Sec. 6 ch 276 SLA 1976)