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Ex. DUT-AK-005 Standing duty Primary source read

AS 18.60.010 - 18.60.105 (in particular AS 18.60.075, Safe employment, and AS 18.60.095, Penalties)

Occupational safety and health: powers of the department; safe employment; inspections; citations; enforcement procedures; penalties

Alaska State Legislature (Alaska Occupational Safety and Health Act; administered by the Department of Labor and Workforce Development, Labor Standards and Safety Division, Alaska Occupational Safety and Health (AKOSH), an OSHA-approved State plan under 29 U.S.C. 667) · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Alaska Statutes, Title 18, ch. 60, art. 1, Occupational Safety and Health, AS 18.60.010-18.60.105
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in Alaska within the State plan, private and public); employees (AS 18.60.075(b))
Character
workplace duty
Collection
Standing duties: Alaska DUT-AK

Operative words

(a) An employer shall do everything necessary to protect the life, health, and safety of employees, including... (4) furnishing to each employee employment and a place of employment that are free from recognized hazards that, in the opinion of the commissioner, are causing or are likely to cause death or serious physical harm to the employees.

Penalty

AS 18.60.095: civil penalties per violation up to the maxima set by regulation, capped at the federal amounts under 29 U.S.C. 666 ((a)-(d), (g), (i)); a serious violation 'shall be assessed' a civil penalty ((b)); willful or repeated violation causing death: fine to $10,000 or six months, or both, on first conviction ((e)); citations and enforcement under AS 18.60.091-18.60.093

What it required

Every Alaska employer owed a standing, affirmative duty to 'do everything necessary to protect the life, health, and safety of employees', to comply with every adopted standard, to furnish and prescribe protective equipment ((a)(2)), to adopt 'control or technological procedures' and monitor 'employee exposure in connection with hazards' ((a)(3)), and to furnish a workplace free from recognized hazards likely to cause death or serious physical harm ((a)(4)); SARS-CoV-2 was such a hazard from March 2020, and the distancing, screening, barrier, ventilation, respiratory-protection and sanitation measures were the means of discharging the duty.

Retrieval note

AS 18.60.075(a) is broader than the federal general duty clause: the federal clause (29 U.S.C. 654(a)(1)) requires a workplace free from recognized hazards; the Alaska clause first commands the employer to 'do everything necessary to protect the life, health, and safety of employees' and then lists the general duty as one of four included duties. AKOSH's Field Operations Manual applies (a)(4) as the State general duty clause. AS 18.60.088 gives employees the right to request a special inspection and AS 18.60.089 forbids retribution.