Inspection Procedures - Chapter 6

1. Compliance Officers will carefully review the available data relevant to the establishment scheduled for inspection. This may include inspection files and industry-relevant source reference material. CSHOs will conduct a search of business and corporate licensing and registration websites maintained by the Alaska Department of Commerce, Community, and Economic Development, as well as an establishment search by accessing the OIS database. CSHOs should be aware that company names may change and that statuses may update (e.g., LLC to Inc.).
2. If an establishment has an inspection history that includes citations received while performing work outside of AKOSH jurisdiction, CSHOs should be aware of this information. This inspection history may document an employer’s heightened awareness of a hazard and/or a standard, which may support the development of a willful citation. It may also be considered when determining eligibility for a history penalty reduction. However, the citation may not be used to support a repeat violation.

CSHOs will access the AKOSH website to obtain information about employers participating in cooperative programs. During the opening conference, CSHOs will verify the employer’s current participation. CSHOs will be mindful of whether they are preparing for a programmed or unprogrammed inspection, which may affect whether the inspection should be conducted and/or its scope. See Paragraph V.D. of this chapter, Review of Voluntary Compliance Programs.

Hazard Assessment.

Respiratory Protection.

The State of Alaska, under AS 18.60.075, requires that CSHOs comply with all safety and health rules and practices at the establishment and wear or use the safety clothing or protective equipment required by AKOSH standards or by the employer to protect employees.

CSHOs will not enter any area where special entrance restrictions apply until they have taken the required precautions. It shall be the Chief of Enforcement’s responsibility to determine that an inspection can be conducted without exposing the CSHO to hazardous situations and to procure any necessary materials and equipment for the safe conduct of the inspection.

1. Workplace Violence – CSHO Training and Workplace Violence Prevention Programs.
   1. CSHO Training.

      A CSHO must have received training on workplace violence before conducting an inspection in response to a complaint of workplace violence.

      CSHOs should be aware and familiar with the AKOSH/OSHA workplace violence program

   2. Establishment of Workplace Violence Prevention Programs.

      If the employer is in an industry identified by OSHA as high risk for workplace violence (such as late-night retail, social service, healthcare settings, and correctional facilities), the CSHO should inquire whether the employer has established and implemented a workplace violence prevention program. If such a program exists, the CSHO shall request that the person responsible for the program describe all potential workplace hazards. If there is no workplace violence prevention plan, the CSHO will determine potential workplace violence hazards from sources such as the OSHA 300 Log and other relevant records.

      NOTE: If training on workplace violence is provided to staff members, the CSHO should conduct the inspection with a staff member who has received this training. If the CSHO does not deem that the existing protections are sufficient, the CSHO should not enter the facility or area within the facility that he or she considers dangerous.

      CSHOs must notify their supervisor as soon as possible if they experience or witness any incident of workplace violence.

Policy.

Documentation.

1. AS 18.60.083(b) authorizes the agency to seek a warrant in advance of an attempted inspection if circumstances are such that “pre-inspection process (is) desirable or necessary.” 8 AAC 61.020 describes the process for obtaining a warrant. AS 18.60.083(b) authorizes the agency to issue administrative subpoenas to obtain relevant information.
2. Although AKOSH generally does not seek warrants without evidence that the employer is likely to refuse entry, the Director or their designee may seek compulsory process in advance of an attempt to inspect or investigate whenever circumstances indicate the desirability of such warrants.

   NOTE: Examples of such circumstances include evidence of denied entry in previous inspections, or awareness that a job will only last a short time or that job processes will be changing rapidly.

3. Administrative subpoenas may also be issued prior to any attempt to contact the employer or other person for evidence related to an AKOSH inspection or investigation. See Chapter 5, Legal Issues.

1. The Chief of Enforcement shall arrange for a specialist and/or specialized training, preferably from within OSHA, to assist in an inspection or investigation when the need for such expertise is identified.
2. OSHA specialists may accompany CSHOs or perform their tasks separately. CSHOs must accompany outside consultants. OSHA specialists and outside consultants shall be briefed on the purpose of the inspection and the appropriate personal protective equipment to be utilized.

A comprehensive inspection is a thorough and detailed examination of all potentially hazardous areas within the establishment. An inspection may be deemed comprehensive, even though, as a result of professional judgment, not all potentially hazardous conditions or practices within those areas are inspected.

A partial inspection is one whose focus is limited to certain potentially hazardous areas, operations, conditions, or practices at the establishment.

1. A partial inspection may be expanded based on information gathered by the CSHO during the inspection process, consistent with Alaska’s occupational safety and health laws and AKOSH priorities.
2. CSHOs shall use established written guidelines and criteria to determine the necessity for expanding the scope of an inspection, based on information gathered during records reviews, program reviews, and walkaround inspections.

1. Inspections shall be made during regular working hours of the establishment except when special circumstances indicate otherwise.
2. The Assistant Chief of Enforcement and the CSHO shall determine whether alternate work schedules are necessary for entry into an inspection site during hours other than normal working hours.
3. While conducting inspections, CSHOs are to present their credentials whenever contacting management representatives, employees (to conduct interviews), or organized labor representatives.
4. At the beginning of the inspection, the CSHO shall locate the owner representative, operator, or agent in charge at the workplace and present credentials. On construction sites, this will most often be the representative of the general contractor.

The inspection shall not be delayed unreasonably to await the arrival of the employer representative. If the employer representative is coming from off-site, the inspection should not be delayed for more than one hour. If the workforce begins to depart from the worksite, the CSHO should contact the Assistant Chief of Enforcement for guidance. If the person in charge at the workplace cannot be determined, record the efforts to determine the person in charge in the case file and proceed with the physical inspection.

Alaska Statute 18.60.083 provides that CSHOs may enter without delay and at reasonable times any establishment within AKOSH jurisdiction for the purpose of conducting an inspection. Unless the circumstances constitute a recognized legal exception to the warrant requirement (i.e., consent, third-party consent, plain view, open field, or exigent circumstances), an employer has a right to require that the CSHO seek an inspection warrant prior to entering an establishment and may refuse entry without such a warrant.

NOTE: On government property, the following guidelines do not apply. Instead, on a military base or other federal Government facility, a representative of the controlling authority shall be informed of the contractor's refusal and asked to take appropriate action to obtain cooperation. On a state-operated facility, the CSHOs will inform the Assistant Chief of Enforcement about the refusal of entry or inspection. The Chief of Enforcement will contact the Director and ask the Director to take appropriate action to obtain cooperation from the Commissioner of the controlling department.

1. Refusal of Entry or Inspection
   1. When the employer refuses to permit entry upon being presented proper credentials or allows entry but then refuses to permit or hinders the inspection in some way, an attempt shall be made to obtain as much information as possible about the establishment. See Chapter 5, Legal Issues, for additional information.
   2. If the employer refuses to allow an inspection of the establishment to proceed, the CSHO shall leave the premises and immediately report the refusal to the Assistant Chief of Enforcement. The Assistant Chief of Enforcement shall notify the Chief of Enforcement and the Director, who will consult with the Assistant Attorney General.
   3. If the employer raises no objection to the inspection of certain portions of the workplace but objects to the inspection of other portions, this shall be documented. Normally, the CSHO shall continue the inspection, confining it only to those certain portions to which the employer has raised no objections.
   4. In either case, the CSHO shall advise the employer that the refusal will be reported to the Assistant Chief of Enforcement and that the agency may take further action, which may include obtaining compulsory legal processes under 8 AAC 61.020.
   5. On multi-employer worksites, valid consent can be granted by the owner or another employer with employees at the worksite for site entry.
2. Employer Interference

   Where entry has been allowed, but the employer interferes with or limits any important aspect of the inspection, the CSHO shall determine whether or not to consider this action as a refusal.

   Examples of interference are employer refusals to permit:

   • the walkaround
   • the examination of records essential to the inspection
   • the taking of essential photographs and/or videotapes
   • the inspection of a particular part of the premises
   • private employee interviews,
   • the refusal of employees’ representative participation, or
   • the refusal to allow attachment of sampling devices.
3. Forcible Interference with Conduct of Inspection or Other Office Duties.

   Whenever an AKOSH official or employee encounters forcible resistance, opposition, interference, etc., or is assaulted or threatened with assault while engaged in the performance of official duties, all investigative activity shall cease.

   1. If a CSHO is assaulted while attempting to conduct an inspection, they shall contact the proper authorities, such as the Alaska State Troopers or local police, and immediately notify the Assistant Chief or Chief of Enforcement.
   2. If working at an offsite location, CSHOs should leave the site immediately pending further instructions from the Assistant Chief or Chief of Enforcement.
   3. Obtaining Compulsory Process

      If it is determined, upon refusal of entry or refusal to produce evidence required by subpoena, that a warrant will be sought, the Director shall proceed in accordance with the guidelines and procedures established for warrant applications. See and Chapter 5, Legal Issues.

CSHOs shall advise employers that AS 18.60.087 requires that an employee representative be given an opportunity to participate in the inspection.

1. CSHOs shall determine as soon as possible after arrival whether the employees at the inspected worksite are represented and, if so, shall ensure that employee representatives are afforded the opportunity to participate in all phases of the inspection.
2. If an employer resists or interferes with employee representatives' participation in an inspection and the interference cannot be resolved by the CSHO, the resistance shall be construed as a refusal to permit the inspection, and the Assistant Chief of Enforcement shall be contacted.

1. CSHOs shall not sign any form or release, nor agree to any waiver. This includes any employer forms concerned with trade secret information.
2. CSHOs may obtain a pass or sign a visitor’s register, or any other book or form used by the establishment to control the entry and movement of people upon its premises. Such signature shall not constitute any form of a release or waiver of prosecution of liability.

1. If the establishment scheduled for inspection is found to have ceased business and there is no known successor, the CSHO shall report the facts to the Assistant Chief of Enforcement.
2. If an employer, although bankrupt, continues to operate on the scheduled inspection date, the inspection shall proceed.
3. An employer must comply with Alaska’s occupational safety and health laws until the day the business actually ceases to operate.

1. AS 18.60.075(b) states: "An employee shall comply with occupational safety and health standards and all regulations issued under AS 18.60.010 – 18.60.105 that are applicable to the employee’s own actions and conduct." Alaska law does not provide for the issuance of citations or the imposition of penalties against employees. Employers are responsible for employee compliance with the standards.
2. In cases where CSHOs determine that employees are systematically refusing to comply with a standard applicable to their own action and conduct, the matter shall be referred to the Assistant Chief of Enforcement, who shall consult with the Chief of Enforcement.
3. Under no circumstances are CSHOs to become involved in an on-site dispute involving labor-management issues or the interpretation of collective-bargaining agreements. CSHOs are expected to obtain sufficient information to assess whether the employer is using its authority to ensure employee compliance. Concerted employee refusals to comply will not bar the issuance of a citation if the employer has failed to exercise its control to the maximum extent reasonably possible, including through discipline and discharge.

Plants or establishments may be inspected regardless of the existence of labor disputes, such as work stoppages, strikes, or picketing. If the CSHO identifies an unanticipated labor dispute at a proposed inspection site, the Assistant Chief of Enforcement shall be consulted before any contact is made.

Programmed Inspections.

Unprogrammed Inspections.

The employer’s requirement to comply with a standard may be modified by granting a variance, as outlined in .

1. An employer will not be subject to citation if the observed condition follows an existing variance issued to that employer.
2. If an employer fails to comply with the requirement(s) of the issued variance, a violation of the applicable standard will be cited, referencing the variance provision that has not been met.

CSHOs shall attempt to inform all affected employers of the purpose of the inspection, provide a copy of the complaint if applicable, and include any employee representatives, unless the employer objects to their participation. The opening conference should be brief so that the compliance officer may quickly proceed to the walkaround. Conditions of the worksite shall be noted upon arrival, as well as any changes that may occur during the opening conference. At the start of the opening conference, CSHOs will inform both the employer and the employee representative(s) of their rights during the inspection, including the opportunity to participate in the physical inspection of the workplace

CSHOs shall request a copy of the written certification that a personal protective equipment hazard assessment has been performed by the employer in accordance with 29 CFR 1910.132(d). CSHOs should then ask the person who signed the certification about any potential worksite exposures and select appropriate personal protective equipment

Attendance at Opening Conference.

Scope of Inspection.

Video/Audio Recording.

Immediate Abatement.

Recordkeeping Rule.

Abbreviated Opening Conference.

CSHOs shall determine if the employer is covered by any exemptions or limitations noted in the current .

CSHOs shall request a list of the chemicals on site, along with their respective maximum intended inventories. CSHOs shall review the list of chemicals and quantities and determine if there are highly hazardous chemicals (HHCs) listed in , or flammable liquids or gases at or above the specified threshold quantity. CSHOs may ask questions, conduct interviews, or conduct a walkaround to confirm the information on the list of chemicals and maximum intended inventories.

1. If there is an HHC present at or above threshold quantities, CSHOs shall use the following criteria to determine if any exemptions apply:
   1. CSHOs shall confirm that the facility is not a retail facility, oil or gas well drilling or servicing operation, or normally unoccupied remote facility (29 CFR 1910.119(a)(2)). If the facility is one of these types of establishments, PSM does not apply.
   2. If management believes that the process is exempt, CSHOs shall ask the employer to provide documentation or other information to support that claim.
2. According to 29 CFR 1910.119 (a)(1)(ii), a process could be exempt if the employer can demonstrate that the covered chemical(s) are:
   1. Hydrocarbon fuels used solely for workplace consumption as a fuel (e.g., propane used for comfort heating, gasoline for vehicle refueling), if such fuels are not a part of a process containing another highly hazardous chemical covered by the standard, or
   2. Flammable liquids with a flashpoint below 100 ºF (37.8ºC) stored in atmospheric tanks or transferred, which are kept below their normal boiling point without the benefit of chilling or refrigeration.

Employers who participate in selected voluntary compliance programs may be exempted from programmed inspections. CSHOs shall determine whether the employer falls under such an exemption during the opening conference.

AKOSH On-Site Consultation Visits.

Safety and Health Achievement Recognition Program (SHARP).

Voluntary Protection Program (VPP).

CSHOs may deny the right of accompaniment to any person whose conduct interferes with a full and orderly inspection under . If disruption or interference occurs, the CSHO shall contact the Assistant Chief of Enforcement as to whether to suspend the walkaround or take other action. The employee representative shall be advised that during the inspection, matters unrelated to the inspection shall not be discussed with employees. Any disruptions must be documented in the case file.

In areas containing information classified by an agency of the U.S. Government in the interest of national security, only persons authorized to have access to such information may accompany a CSHO on the inspection.

Collection of Data.

Information to be Obtained.

Automatic DART Rate Calculation.

Manual DART Rate Calculation.

Construction.

Employers must record new work-related injuries and illnesses that meet one or more of the general recording criteria or meet the recording criteria for specific types of conditions.

1. Death;
2. Days Away from Work;
3. Restricted Work;
4. Transfer to another job;
5. Medical treatment beyond first aid;
6. Loss of consciousness;
7. Diagnosis of a significant injury or illness; or
8. Meet the recording criteria for Specific Cases noted in 29 CFR 1904.8 through §1904.11.

1. If recordkeeping deficiencies are suspected, the CSHO and the Assistant Chief of Enforcement may request assistance from the Chief of Enforcement. If there is evidence that the deficiencies or inaccuracies in the employer’s records impair the ability to assess hazards, injuries and/or illnesses at the workplace, a comprehensive records review shall be performed.
2. Other information related to this topic
   1. See the most current OSHA Recordkeeping CPL to ensure records are evaluated and cited appropriately if applicable.
   2. Many standard-specific directives provide additional instruction to CSHOs requesting certain records and/or documents at the opening conference.
   3. There are several types of workplace policies and practices that could discourage employee reports of injuries and could constitute a violation of AS 18.60.089. These policies and practices, otherwise known as employer safety incentive and disincentive policies and practices, may also violate AKOSH recordkeeping regulations.

People designated to accompany CSHOs during the walkaround are considered walkaround representatives and will generally include those designated by the employer and employee. At establishments where more than one employer is present, or when groups of employees have different representatives, it is acceptable to have a different employer/employee representative for each phase of the inspection. More than one employer and/or employee representative may accompany the CSHO throughout or during any phase of an inspection if the CSHO determines that such additional representatives will aid, and not interfere with, the inspection. See for reference.

The importance of worker participation to an effective workplace safety and health inspection was clearly established in AS 18.60.087(a), which provides that “[a] representative of the employer and a representative authorized by the employees shall be given an opportunity to accompany the representative of the department during the physical inspection of a work place for the purpose of aiding the inspection.”

However, states that “the department's representative may deny the right of accompaniment to any person whose conduct interferes with a fair and orderly inspection,” which includes any activity not directly related to conducting an effective and thorough physical inspection of the workplace. If this occurs, it shall be documented in the case file.

1. Employees Represented by a Certified or Recognized Bargaining Agent.

   During the opening conference, the highest-ranking union official or union employee representative onsite shall designate who will participate in the walkaround. grants the CSHO the authority to resolve disputes regarding who is authorized by the employer and employees as the representative. The representative authorized by the employees shall be an employee of the employer. If, in the judgment of the CSHO, good cause has been shown why accompaniment by a third party who is not an employee of the employer (such as an industrial hygienist or a safety engineer) is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, such third party may accompany CSHOs during the inspection.

2. No Certified or Recognized Bargaining Agent.

   Where employees are not represented by an authorized representative, there is no established safety committee, or employees have not chosen or agreed to an employee representative for AKOSH inspection purposes (regardless of the existence of a safety committee), CSHOs shall determine if other employees would suitably represent the interests of employees on the walkaround. If selecting such an employee is impractical, CSHOs shall conduct interviews with a reasonable number of employees during the walkaround.

   In some cases, workers without a certified or recognized bargaining agent may authorize third-party organizations and/or individuals to represent them during an inspection. As with non-employee representatives authorized by workers with a recognized bargaining agent, allowing this category of third-party representatives to accompany CSHOs on an inspection is appropriate if the representative will assist in achieving an effective and thorough health and safety inspection. The purpose of a walkaround representative is to assist the inspection by helping the compliance officer receive valuable health and safety information from workers who may not be able or willing to provide such information in the absence of the third-party participants.

3. Safety Committee.

   Employee members of an established plant safety committee or employees at large may designate an employee representative for AKOSH inspection purposes.

The employer’s safety and health system shall be evaluated to determine its good faith for the purposes of penalty calculation. See Chapter 11, Penalties and Debt Collection.

1. Safety and health alleged violations shall be brought to the attention of the employer and employee representatives at the time they are documented.
2. CSHOs shall record, at a minimum, the identity of the exposed employee(s), the hazard to which the employee(s) was exposed, the employee’s proximity to the hazard, the employer’s knowledge of the condition, and the manner in which important measurements were obtained and how long the condition has existed. It will generally not be sufficient to rely solely on the argument that, through due diligence, the employer should have known of the alleged violative condition; the CSHO should therefore pursue detailed, specific statements from witnesses or other documentation to demonstrate the employer's knowledge.
3. CSHOs will document interview statements in a thorough and accurate manner, including names, dates, times, locations, type of materials, positions of pertinent articles, witnesses, etc.

NOTE: If employee exposure to hazards is not observed, the CSHO shall document facts on which the determination is made that an employee has been or could be exposed. See Chapter 8, Violations and Chapter 7, Case File Preparation and Documentation.

CSHOs may be required to testify in hearings on AKOSH’s behalf and shall be mindful of this fact when recording observations during inspections. The case file shall reflect conditions observed in the workplace as accurately and as detailed as possible.

A trade secret, as referenced in AS 18.60.099, includes information concerning or related to processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount, or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association.

Policy.

Restrictions and Controls.

1. CSHOs shall determine early in the inspection whether sampling, such as but not limited to air sampling and surface sampling, is required by utilizing the information collected during the walk-around and from the pre-inspection review.
2. Summaries of the results shall be provided on request to the appropriate employees, including those exposed or likely to be exposed to a hazard, to employer representatives, and to employee representatives.

1. Photographs and/or video recordings shall be taken whenever CSHOs determine that a need exists. The documentation of an alleged violation through photographic and/or video evidence is required when possible, and the CSHO should make efforts to ensure that various angles and distances are used to document hazards, conditions, and employee exposures, as well as the use and results of other devices, such as measuring devices.
   1. Photographs that support violations shall be properly labeled and will be attached to the appropriate narrative description in the case file (OIS Violation Worksheet).
   2. CSHO shall ensure that any photographs relating to confidential or trade secret information are identified as such and are kept separate from other evidence.
2. All photographs or video recordings shall be retained in the case file. If a formatting issue prevents retaining the photographs or video recordings with the file, they will be stored elsewhere with reference to the corresponding inspection. Video recordings shall be properly labeled.

If a CSHO observes apparent violations of laws enforced by other government agencies, such cases shall be referred to the appropriate agency through the Assistant Chief of Enforcement.

A free and open exchange of information between CSHOs and employees is essential to an effective inspection. Interviews provide an opportunity for employees to supply valuable factual information about hazardous conditions, including how long the hazardous condition has existed, the number and extent of employee exposure(s) to the hazardous condition, and management's actions to correct it.

Background.

Employee Right of Complaint.

Time and Location of Interview.

Conducting Interviews of Non-Managerial Employees in Private.

Conducting Employee Interviews.

On multi-employer worksites (in all industry sectors), more than one employer may be cited for a hazardous condition that violates an AKOSH standard. A two-step process must be followed in determining whether more than one employer is to be cited. See the most current Multi-Employer CPL for further guidance.

Whenever there is a reasonable need for records, documents, testimony, and/or other supporting evidence necessary for completing an inspection scheduled in accordance with any current and approved inspection scheduling system or an investigation of any matter properly falling within the statutory authority of the agency, the Director of Labor Standards and Safety or the Chief of Enforcement may issue an administrative subpoena. See Chapter 5, Legal Issues.

Policy.

Disclaimers.

At the conclusion of an inspection, CSHOs shall conduct a closing conference with the employer and the employee representatives, jointly or separately, as circumstances dictate. The closing conference may be conducted on-site or by telephone as CSHOs deem appropriate. If the employer refuses to allow a closing conference, the refusal shall be documented in the OIS Inspection Report narrative, and the case shall be processed as if a closing conference had been held.

NOTE: When conducting separate closing conferences for employers and labor representatives (where the employer has declined to have a joint closing conference with employee representatives), CSHOs shall normally hold the conference with employee representatives first, unless the employee representative requests otherwise. This procedure will ensure that worker input is received before employers are informed of violations and proposed citations.

1. CSHOs shall discuss the apparent violations and other pertinent issues found during the inspection and note relevant comments on the OIS Violation Worksheet, including input for establishing correction dates.
2. CSHOs shall provide a copy of a closing conference worksheet to the employer following an AKOSH Inspection and provide the employer with the responsibilities and courses of action available to the employer if a citation is issued. CSHOs shall then briefly discuss the information in the form and answer any questions. The CSHO will request that the employer sign the Closing Conference form, which will be kept in the inspection file. All matters discussed during the closing conference shall be documented in the case file, including a note describing printed materials distributed.
3. CSHOs shall discuss the strengths and weaknesses of the employer’s occupational safety and health system and any other applicable programs, and advise the employer of the benefits of an effective program(s) and provide information, such as AKOSH’s and OSHA’s websites, describing program elements.
4. Both the employer and employee representatives shall be advised of their rights to participate in any subsequent conferences, meetings, or discussions, as well as their contest rights. Any unusual circumstances noted during the closing conference shall be documented in the case file.
5. Since CSHOs may not have all pertinent information at the time of the first closing conference, a second closing conference may be held by telephone or in person.
6. CSHOs shall advise employee representatives that:
   1. Under 8 AAC 61.175(c) of the Occupational Safety and Health Review Board regulations, if an employer contests a citation, the employees have a right to participate as a party in the proceedings by filing a written notice of participation with the board at least 20 days before the hearing. The notice must comply with regulatory requirements to be granted by the board.
   2. The employer should notify employees or their representatives if a notice of contest or a petition for modification of an abatement date is filed;
   3. Employees have rights prohibiting employer retaliation under AS 18.60.089; and
   4. Employees have a right to contest the abatement date. Such contests must be in writing and postmarked within 15 working days of the employer's receipt of the citation. See 8 AAC 61.150(a) and (b).

1. The CSHO shall advise those attending the closing conference that a request for an informal conference is encouraged, as it provides an opportunity to:
   1. Resolve disputed citations and penalties without the need for litigation, which can be time-consuming and costly;
   2. Obtain a more complete understanding of the specific safety or health standards that apply;
   3. Discuss ways to correct the violations;
   4. Discuss issues concerning proposed penalties;
   5. Discuss proposed abatement dates;
   6. Discuss issues regarding employee safety and health practices; and
   7. Learn more about other AKOSH programs and services available.
2. If a citation is issued, an informal conference, or the request for one, does not extend the 15 working-day period during which the employer or employee representatives may contest.
3. Verbal disagreement or expressions of intent to contest a citation, penalty or abatement date during an informal conference does not replace the required written Notice of Intent to Contest under 8 AAC 61.150(b), unless the employer specifically requests assistance with making the written notice of contest request and verbally outlines the elements required in 8 AAC 61.150(b) during the informal conference.
4. Employee representatives have the right to participate in informal conferences or negotiations between the Assistant Chief of Enforcement and the employer, in accordance with the guidelines provided in Chapter 9, Informal Conferences.

CSHOs shall explain that any penalties must be paid within 30 working days of the employer receiving a citation and notification of the penalty. If, however, an employer contests the citation and/or the penalty, the contested items need not be paid until the final order date.

Where appropriate, CSHOs will discuss control methodology with the employer during the closing conference

Definitions.

Documenting Claims of Infeasibility.

Employers shall be advised that, whenever feasible, engineering, administrative, or work practice controls must be instituted, even if they are not sufficient to eliminate the hazard (or to reduce exposure to or below the permissible exposure limit). They are required in conjunction with personal protective equipment to further reduce exposure to the lowest practical level.

During the closing conference, the Compliance Officer should thoroughly explain the abatement verification requirements to the employer. See Chapter 9, Post-Inspection Procedures and Abatement Verification.

Abatement Certification.

Corrected During Inspection (CDI).

Abatement Documentation.

Placement of Abatement Verification Tags.

Requirements for Extended Abatement Periods.

The CSHO shall emphasize that prohibits employers from discharging or discriminating against an employee who has exercised any right under Alaska occupational safety and health laws, including the right to make safety or health complaints or to request an AKOSH inspection.

The primary purpose of a follow-up inspection is to determine if the previously cited violations have been corrected. Monitoring inspections are conducted to ensure that hazards are abated and employees are protected when an establishment needs a long period to come into compliance (or to verify compliance with the terms of granted variances). Issuance of willful, repeated, and high-gravity serious violations, failure to abate notifications, and/or citations related to imminent danger situations are prime candidates for follow-up or monitoring inspections.

These types of inspections will not normally be conducted when clear evidence of abatement is provided by the employer or employee representatives.

Failure to Abate.

Reports.

Follow-up Files.

Standards Applicability.

Definition.

Employer Worksite.

Upon Entering the Workplace.

Closing Conference.