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Ex. DUT-AK-008 Standing duty Primary source read

COVID-19 FAQ From AKOSH Consultation and Training Team

COVID-19 FAQ (AKOSH Consultation and Training)

AKOSH Consultation and Training Team, Labor Standards and Safety Division, Alaska Department of Labor and Workforce Development · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
AS 18.60.075(a); 29 U.S.C. 654(a)(1) (recited in the FAQ); 8 AAC 61.1010 (29 C.F.R. 1910.134 respiratory protection, recited)
Issued
2020-05-27 May 27, 2020
Effective
2020-05-27 (posted; live at retrieval on Sept. 28, 2026) (read as 2020-05-27)
End
standing guidance (live at retrieval) (read as 2021-09-30)
In force
Standing since May 27, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers
Character
guidance incorporated
Collection
Standing duties: Alaska DUT-AK

Operative words

An "Exposure Control Plan" developed for your business shall identify at risk workers through an updated risk assessment and take the appropriate steps to protect them. This is a requirement of The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1)... The employer is required to use the Hierarchy of Controls appropriately

Penalty

None in the instrument; the duties it states are enforced under AS 18.60.095 (DUT-AK-005)

What it required

The State plan agency's own statement to Alaska employers that a COVID-19 exposure control plan and risk assessment 'is a requirement of The General Duty Clause', that 'The employer is required to use the Hierarchy of Controls', that employers with required or voluntary respirator use 'must continue to manage their respiratory protection programs', and, recorded exactly, that the State's cloth face-covering Health Alert 'is not considered a mandate, but a recommendation'.

Retrieval note

Interpretive agency guidance with a disclaimer that it 'does not constitute legal advice'; the duty it states derives from AS 18.60.075(a)(4) and 29 U.S.C. 654(a)(1), and the face-covering paragraph records a recommendation, not a mandate. Register discipline: the FAQ is cited for what the agency said the standing duty required, and the face-covering sentence is cited as the recommendation it is.