The COVID Project
The record
- Jurisdiction
- Alaska
- Level
- State
- Authority
- AS 18.60.075 (general duty, recited as 'AKOSH General Duty Clause'); Health Mandate 016 and Attachments (recited as 'Alaska Health Mandates... Must be Followed - "Shall"'); AS 11.41.250 and AS 12.55.035 (recited)
- Issued
- 2020-05-19 May 19, 2020
- Effective
- 2020-05-19
- End
- presentation (Phase I-II period; superseded in substance by the May 22, 2020 advisory documents) (read as 2020-05-22)
- In force
- May 19, 2020 to May 22, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Capacity limitFace-covering requirementWorkplace rulesStanding duty
- Addressees
- employers (all reopening businesses; industry-specific slides for restaurants, retail, personal care, construction, lodging, transportation)
- Character
- guidance incorporated
- Collection
- Standing duties: Alaska DUT-AK
Operative words
Alaska Phase 1 and Phase 2 Health Mandates Must be Followed - "Shall" Reckless Endangerment - Class A Misdemeanor... Business/Organization Up to $500,000 Up to $2,500,000 in the event of a death... AKOSH General Duty Clause Employer must make good faith effort to abide by guidelines AKOSH Enforcement - Case by Case basis
Penalty
As recited: cease-operations order and civil fine under the mandates; AS 11.41.250 with AS 12.55.035; AKOSH enforcement under AS 18.60.091-18.60.095
What it required
The State plan agency told Alaska employers that the Health Mandates 'Must be Followed', that their verb is 'Shall', that noncompliance is reckless endangerment with the organizational fines of AS 12.55.035, that the employer 'must conduct pre-shift health screening' and that 'Symptomatic or ill employees must not return to work', and that under the 'AKOSH General Duty Clause' the 'Employer must make good faith effort to abide by guidelines' subject to 'AKOSH Enforcement - Case by Case basis'; it recorded face coverings as 'Must' in Phase 1 and 'Strongly recommended' in Phase 2.
Retrieval noteSlide deck; the quotation joins slide fragments in reading order. It links the White House 'Guidelines for Opening Up America Again' and the State's Health Mandates page (covid19.alaska.gov/health-mandates/). Cited for the agency's characterization of the mandates as mandatory and of the general duty as the employer's own obligation; the 'Case by Case' enforcement statement is recorded as written.