STATE OF ALASKA DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD P.O. BOX JUNEAU, AK 99802
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1 STATE OF ALASKA DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD P.O. BOX JUNEAU, AK STATE OF ALASKA, DEPARTMENT OF LABOR, DIVISION OF LABOR STANDARDS AND SAFETY, OCCUPATIONAL SAFETY AND HEALTH SECTION, Complainant, v. STATE OF ALASKA, DEPARTMENT Docket Nos through OF HEALTH AND SOCIAL SERVICES, (Consolidated DIVISION OF FAMILY AND YOUTH SERVICES, Contestant, ALASKA STATE EMPLOYEES ASSOCIATION, Authorized Employee Representative. DECISION AND ORDER This matter involves occupational safety and health inspections conducted in April 1995 at fourteen separate Youth Corrections offices under the control of the Department of Health and Social Services, Division of Family and Youth Services (DFYS. The inspections were performed following a complaint lodged by the Alaska State Employees Association (ASEA, an authorized employee representative. As a result of the inspections, the Department of Labor (OSHA issued citations to DFYS alleging violations of Alaska Occupational Safety and Health Standards and proposing total
2 penalties in the amount of $ 64,750. DFYS contested all of the alleged violations and proposed penalties. ASEA requested and was granted permission to participate as a party in these proceedings. The fourteen individual cases were consolidated into a single proceeding. Upon ASEA's request for an expedited hearing, a hearing was scheduled in this matter on January 23-24, 1996, in Anchorage. OSHA was represented by Dennis Smythe, Chief of Enforcement. DFYS was represented by Bob Bacolas, Labor Relations Specialist; Brent Allison, Safety Officer; and Phil Snyder, Regional Administrator. ASEA was represented by Charles O'Connell, Business Manager. At the outset of the hearing, the parties stipulated that all of the contested violations had been settled except for an alleged violation concerning personal protective equipment (PPE which was cited in twelve of the fourteen cases. The hearing then proceeded with respect to only the PPE violation (General Safety Code (b(1. On the second day of hearing, the parties informed the Board that they had reached a tentative settlement regarding the PPE violation and that a separate written settlement agreement would be submitted regarding that item. Accordingly, the scope of this decision and order includes all of the cited violations except for the alleged PPE violation. In their prehearing agreement, the parties agreed that each of the alleged violations would be affirmed as cited, with extended abatement dates for certain items. Based on the agreement of the parties, the abatement status of each alleged violation is summarized as follows: Docket No Anchorage, 550 West 8th Avenue Abatement Status Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Item 2 O&IS (a(1, Emergency Plans 4/30/96 Item 3 O&IS (a(2(A, Emergency Action Training 4/30/96 Item 4 GSC (B(1, Personal Protective Equipment Contested Item 5 O&IS (a(3(A, Alarm System 6/30/96 Item 6 O&IS (a(4, Emergency Evacuation Abated Item 7 O&IS (a(5(C, Emergency Action Plan Abated Decision and Order - Docket Nos through Page 2
3 Docket No Anchorage, 2600 Providence Drive Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Item 2 O&IS (a(1, Emergency Plans 4/30/96 Item 3 GSC (b(1, Personal Protective Equipment Contested Item 4 O&IS (a(3(A, Alarm System 6/30/96 Cit. 2, Item 1 O&IS (a(4, Emergency Evacuation Abated Docket No Bethel Cit. 1, Item 1 GSC (a(1, Accident Prevention Program Abated Item 2 EC (g(2(A, Unguarded Electrical Abated Item 3 O&IS (a(6, Walking & Working Surfaces Abated Item 4 EC (a(2(C(vi, Fluorescent Bulb Guarding Abated Docket No Dillingham Cit. 1, Item 1 GSC (c(1, Fire Extinguishers Abated Item 2 O&IS (q(2, Exit Marking Abated Item 3 O&IS (q(5, Exit Marking Abated Item 4 O&IS (a(1, Emergency Plans Abated Docket No Fairbanks Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Docket No Homer Cit. 1, Item 1a GSC (a(1, Accident Prevention Program 6/30/96 Item 1b GSC (a(2, Code of Safe Practices 12/31/96 Docket No Juneau Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 4/30/96 Docket No Kenai Cit. 1, Item 1a GSC (a(1, Accident Prevention Program 6/30/96 Item 1b GSC (a(2, Code of Safe Practices 12/31/96 Docket No Ketchikan Decision and Order - Docket Nos through Page 3
4 Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Docket No Kodiak Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Docket No Kotzebue Cit. 1, Item 1 GSC (a(2, Code of Safe Practices 12/31/96 Docket No Nome Cit. 1, Item 1 GSC (a(2, Code of Safe Practices 12/31/96 Docket No Palmer Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 6/30/96 Item 2 O&IS (a(1, Emergency Plans 4/30/96 Item 3 O&IS (a(2(A, Emergency Action Training Abated Item 4 GSC (b(1, Personal Protective Equipment Contested Cit. 1, Item 5 O&IS (a(3(A, Alarm Systems 6/30/96 Item 6 O&IS (a(4, Emergency Evacuation Abated Item 7 O&IS (a(5(C, Emergency Action Plan Abated Docket No Sitka Cit. 1, Item 1 GSC (a(1, Accident Prevention Program 4/30/96 With regard to monetary penalties, the parties agreed that in recognition of DFYS' good faith commitment to abate each of the alleged violations by the specified abatement date, the proposed monetary penalties could be reduced or eliminated subject to the Board's discretion. Upon review, the Board concludes that it would be appropriate to eliminate the proposed monetary penalties. ORDER Based on the agreement of the parties, the Board orders as follows: Decision and Order - Docket Nos through Page 4
5 1. Each of the alleged violations cited in Docket Nos through , except for the alleged violation concerning Personal Protective Equipment, is affirmed as cited. 2. The alleged violation concerning Personal Protective Equipment will be addressed in a separate settlement agreement. 3. DFYS shall comply with the abatement dates agreed to by the parties and, if necessary, may apply for an extension of abatement dates pursuant to 8 AAC The proposed monetary penalties for Docket Nos through , except for the alleged violation concerning Personal Protective Equipment, are eliminated. 5. OSHA shall conduct such follow-up inspection activity as it deems necessary to verify compliance with this decision and order, and shall report the results of the follow-up inspection to the Board. DATED this 23rd day of May, ALASKA OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD NOT PARTICIPATING Donald F. Hoff, Chairman /s/ James J. Ginnaty, Member /s/ Timothy O. Sharp, Member Decision and Order - Docket Nos through Page 5
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