labor lawAdivision of labor law center

Under state law, each employer is required to post an Alaska OSHA 300 form from February 1 to April 30 of each year. The 2007 OSHA 300 form recaps work-related illnesses and injuries that occurred at the company in the 2006 calendar year.

Alaska is one of 22 states that have opted out of the federal OSHA program. Instead, the state has its own worker safety organization, AKOSHA or Alaska Occupational Safety and Health Administration. In general, AKOSHA policies mirror those of the federal OSHA, although there are some differences. The following states have approved state OSHA plans: Alaska, Arizona, California, Connecticut, Hawaii, Indiana, Iowa, and Kentucky.

In addition, 3 states have state OSHA plans that cover state and local government employees only. These states are Connecticut, New Jersey and New York, plus the Virgin Islands, which is technically not a state. In those states, businesses, federal agencies, and non-profit organizations are covered by the federal OSHA. Several states, including Kansas, once had state OSHA plans but now fall under federal OSHA jurisdiction.

Under federal regulations, each state OSHA plan must have job safety and health standards that are “at least as effective as” comparable federal OSHA standards. Most states adopt standards identical to federal ones, so there isn’t a huge difference. However, some states including California have exercised the option to promulgate standards covering hazards not addressed by the federal OSHA standards.

In states that have their own OSHA plans such as Alaska, the state conducts safety inspections instead of federal OSHA officials. The state also offers occupational safety and health training and education programs. In addition, most states provide free on-site consultation to help employers identify and correct workplace hazards, just as the federal arm of OSHA does.

To gain OSHA approval for a state safety plan, a state first enters a “developmental plan.” Under the developmental plan, the state must assure OSHA that within three years it will have in place all the elements necessary for an effective occupational safety and health program. These elements include: appropriate legislation; regulations and procedures for standards setting, enforcement, appeal of citations and penalties; and an adequate number of qualified enforcement personnel.

Once a state has completed and documented all its developmental steps, it is eligible for certification. Certification renders no judgment as to actual state performance, but merely attests to the completeness of the development plan.

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