Section 8 AAC 05.040 - General(a) Nothing in this section authorizes noncompliance with any federal or state law or regulation, or municipal ordinance establishing a higher standard. If more than one standard within this section applies to a single activity the higher standard is applicable.(b) An exception for apprentices applies only when(1) the apprentice is employed in a craft recognized as an apprenticeable trade;(2) the work of the apprentice in the occupations declared particularly hazardous is incidental to the training;(3) that work is intermittent and for short periods of time and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and(4) the apprentice is registered by the United States Department of Labor, Office of Apprenticeship, or is registered by a state agency as employed in accordance with the standards of state apprenticeship and training approved by the commissioner of labor and workforce development, or is employed under a written apprenticeship agreement and conditions that are found by the commissioner of labor and workforce development to conform substantially with those federal or state standards.(c) An exemption for student-learners applies when (1) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school; and(2) the student-learner is employed under a written agreement which provides that(A) the work of the student-learner in the occupations declared particularly hazardous will be incidental to the training;(B) the work will be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;(C) safety instructions will be given by the school and correlated by the employer with on-the-job training; and(D) a schedule of organized and progressive work processes to be performed on the job will have been prepared; and(3) each written agreement contains the name of the student-learner, and is signed by the employer and the school coordinator or principal.(d) Copies of each agreement covered by (c) of this section must be kept on file by both the school and the employer. This exemption for the employment of student-learners will, in the department's discretion, be revoked in any individual case if it is found that reasonable precautions have not been observed for the safety of minors employed under the agreement. A high school graduate who has completed training as provided in (c) of this section as a student-learner, may be employed in that occupation in which the student-learner training was completed, even though the graduate is not yet 18 years of age.(e) The state, political subdivisions of the state, and employers who only employ minors enrolled in work-training apprenticeship, vocational education, and other programs approved by the commissioner are exempt from the requirements of AS 23.10.332.(f) Minors who have been emancipated for general purposes under AS 09.55.590 are exempt from the requirements of AS 23.10.332.(g) The wage prescribed for minors who work less than 30 hours in a workweek may not be less than the prevailing federal minimum wage. This provision, however, is not applicable to those exemptions otherwise provided for in AS 23.10.055(1) - (10).Eff. 10/27/73, Register 48; am 6/4/82, Register 82; am 7/30/99, Register 151; am 8/12/2018,Register 227, October 2018Information on apprentices registered by the Office of Apprenticeship as specified in 8 AAC 05.040 is available from the United States Department of Labor, Office of Apprenticeship, 605 West 4th Avenue, Room G-30, Anchorage, Alaska 99501.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 23.10.332
AS 23.10.350
AS 23.10.360