(a) Except as provided in (b) of this section, in AS 18.60.010 — 18.60.105,

1. (1) “be exposed” means to ingest, inhale, or absorb through the skin or eyes a substance or physical agent, or fumes or other potentially harmful aspect of a substance or physical agent;
2. (2) “commissioner” means the commissioner of labor and workforce development;
3. (3) “department” means the Department of Labor and Workforce Development;
4. (4) “employee” means a person who works for an employer;
5. (5) “employer” means a person, including the state and political subdivisions of the state, who has one or more employees;
6. (6) “OSHA” means the federal Occupational Safety and Health Administration;
7. (7) “physical agent” means a physical agent that exceeds the threshold established in the 1986-1987 edition of “Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment” published by the American Conference of Governmental Industrial Hygienists;
8. (8) “suitable protective equipment” includes such personal protective equipment as is required by regulation issued under this chapter;

9. (9) “toxic or hazardous substance”

   1. (A) includes

      1. (i) a chemical listed in 29 C.F.R. Part 1910, Subpart Z, Toxic and Hazardous Substances, “General Industry Standards”, Occupational Safety and Health Administration;
      2. (ii) a chemical listed in “Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment”, American Conference of Governmental Industrial Hygienists (Latest Edition);
      3. (iii) a substance for which an OSHA form 20 or equivalent information is required under OSHA regulations; and
      4. (iv) a substance determined by the department, in accordance with AS 44.62 (Administrative Procedure Act), to be a health hazard to an employee who is exposed to the substance, including a carcinogen, reproductive toxin, irritant, corrosive, sensitizer, hepatotoxin, nephrotoxin, neurotoxin, agent that acts on the hematopoietic system, agent that damages the lungs, a cutaneous hazard, and an eye hazard;

   2. (B) does not include

      1. (i) substances that because of their physical state, volume, or concentration do not pose a health hazard upon exposure;
      2. (ii) substances that are goods, food, drugs, cosmetics, or tobacco products intended for personal consumption; or
      3. (iii) substances in transit;
10. (10) “transit” means conveyed in a sealed or unopened container by a mode of transportation.

(b) In AS 18.60.030(14), 18.60.065 — 18.60.068, and (a)(9) of this section,

1. (1) “employee” means a person who works for an employer, but not in a place used primarily as a personal residence;
2. (2) “employer” means a person, including the state and a political subdivision of the state, who has one or more employees working in a place not used primarily as a personal residence;
3. (3) “health hazard” means a substance or physical agent capable of causing acute or chronic adverse effects to health;
4. (4) “workplace” means a place of employment other than a place used primarily as a personal residence.