This chapter requires a certificate of fitness for certain explosives-handling work and lets the department issue, regulate, and cancel certificates.
Chapter 52. Explosives Handlers. Sec. 08.52.010. Power to adopt regulations. The Department of Labor and Workforce Development may issue orders and adopt regulations relating to the storage and use of explosives necessary to carry out the purposes of this chapter. Sec. 08.52.020. Certificate of fitness required. In connection with an excavation, tunnel, quarry, earth removal, or construction carried on in this state, a person may not be employed without a certificate of fitness, while engaged in (1) emplacing explosives for detonation; (2) installing primers, fuses, wires, or other means of detonation; or (3) detonating explosives. Sec. 08.52.030. Application for and issuance of certificate. The department shall issue certificates of fitness. A certificate may be issued only to an individual. An applicant for a certificate shall apply in writing, under oath, on a form prescribed by the department containing (1) the name and address of the applicant; (2) the applicant's age; (3) the applicant's citizenship; (4) the applicant's fingerprints and fees for a criminal background check conducted under AS 08.52.035 ; and (5) other information that the department requires. Sec. 08.52.035. Criminal justice information and records. (a) An applicant for the issuance or renewal of a certificate of fitness under this chapter shall submit to the department, with the application, the applicant's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The department shall submit the fingerprints to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . The Department of Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The department shall use the information obtained under this section in its determination of an applicant's qualification for issuance or renewal of a certificate of fitness. (b) In this section, criminal justice information has the meaning given in AS 12.62.900 . Sec. 08.52.040. Issuance and contents of certificate. (a) If, upon investigation and examination by the department, the applicant is found competent by reason of training, experience, criminal history and background check, and physical fitness, the department shall issue a certificate of fitness. The certificate must set out the competency of the applicant and provide for positive identification of the applicant, and shall be carried on the person engaged in handling explosives. (b) The department shall establish in regulation standards of competency based on training, experience, criminal history and background checks, and physical fitness for the issuance of a certificate of fitness. Sec. 08.52.050. Fee. An applicant for a certificate of fitness shall pay a fee at the time of application in the amount established by regulations adopted by the department. Sec. 08.52.060. Duration of certificate. A certificate of fitness is effective for three years from the date of issue. The department may cancel a certificate for cause. Sec. 08.52.070. Persons exempt. Persons employed in mining operations as defined in AS 27.20.061 are exempt from the provisions of this chapter. Sec. 08.52.080. Violations and penalties. An employer who violates a provision of this chapter or a regulation adopted or order made under authority of this chapter is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. Each day's continuance of a violation constitutes a separate offense. Sec. 08.52.100. Definition. In this chapter, department means the Department of Labor and Workforce Development.