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2023 Arizona Revised Statutes › Title 23 - Labor › § 23-409 - Advisory committees

23-409.
Advisory committees
A. The commission shall create an occupational safety and health advisory committee to assist the commission in drafting standards and regulations. The committee may be asked to perform other functions as may be necessary. The committee shall be appointed by the commission and shall be composed of a reasonably balanced representation of regulated industries,  including agriculture,  and labor and other persons knowledgeable in safety and health and shall serve at the will of the commission. The commission may establish other committees as it deems necessary. The advisory committees may be paid their reasonable and necessary travel and other expenses in accordance with standard travel regulations.
B. The director shall be an ex officio member of any advisory committee established pursuant to this section.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-412 - Permanent variances

23-412.
Permanent variances
Any affected employer may apply to the commission for a rule or order for a variance from a standard or regulation promulgated under this article. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commission shall issue such rule or order if it determines on the record,  after opportunity for an inspection where appropriate and a hearing before the commission that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions,  practices,  means,  methods,  operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard or regulation. The rule or order so issued shall prescribe the conditions the employer must maintain,  the practices,  means,  methods,  operations and processes which he must adopt and utilize to the extent they differ from the standard or regulation in question. Such a rule or order may be modified or revoked upon application by an employer,  employees or by the commission on its own motion,  in the manner prescribed for its issuance under this section at any time after six months from its issuance.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-414 - Emergency temporary standards

23-414.
Emergency temporary standards
A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state,  if the commission or the United States occupational safety and health administration determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards and that such emergency standard or regulation is necessary to protect employees from such danger.
B. Such emergency temporary standards or regulations shall be effective until superseded by standards or regulations promulgated in accordance with the procedures prescribed in section 23-410.
C. Upon filing such a standard or regulation with the secretary of state the commission shall commence a proceeding in accordance with section 23-410 and the emergency temporary standard or regulation shall serve as a proposed standard or regulation for the proceeding. The commission shall promulgate a standard or regulation under this subsection no later than six months after filing of the emergency temporary standard or regulation.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-415 - Citations

23-415.
Citations
A. If the director,  following an inspection or investigation determines that there is reasonable cause to believe that violation exists he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall contain the following:
1. A particular description of the nature of the violation,  including a reference to the provision of this article,  or of any standard or regulation alleged to have been violated.
2. A reasonable time for the abatement of the violation.
3. A notice that the employer may request a hearing pursuant to section 23-420 if he is aggrieved by the citation.
B. A certified mail delivery receipt or a signed verification of delivery in person shall be prima facie evidence of receipt of a citation.
C. Each citation issued under this section or a copy or copies thereof shall be prominently posted at or near each place a violation referred to in the citation existed.
D. No citation may be issued after the expiration of a period of six months from the date of the inspection or investigation which produced evidence of the violation.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-416 - De minimis violations

23-416.
De minimis violations
The division may issue an advisory notice setting forth de minimis violations of standards and regulations which shall carry no penalty,  unless the employer wilfully and repeatedly violates such standard or regulation,  in which case the division may refer the matter to the commission for appropriate action pursuant to section 23-418.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-418.01 - Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

23-418.01.
Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation;  payment to employee;  enforcement
A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section 23-418,  subsection A for each employee injury resulting in permanent disability or death if the commission finds all of the following:
1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 23-418,  subsection A.
2. Compensation benefits are paid under chapter 6 of this title either:
(a) To the injured employee.
(b) In the event of death,  to the employee's dependents. The requirement of this subdivision is satisfied if an employee did not have any dependents for which compensation benefits would have otherwise been paid under chapter 6 of this title.
3. The violation for which the employer is assessed a penalty under section 23-418,  subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the employee's injury or death or relating to the safety standards applicable to that job condition.
B. Each additional penalty assessed under subsection A of this section shall be paid to the injured employee,  or in the event of death,  the employee's dependents or the employee's estate if the employee did not have any dependents,  in addition to the benefits paid under chapter 6 of this title.
C. If an employer requests a hearing on an additional penalty assessed under this section,  the commission shall refer the request for hearing to the office of administrative hearings for determination. An additional penalty under this section that becomes final shall operate as a judgment against the employer and may be enforced by either the commission or the injured employee,  or in the case of death,  the employee's dependents or the employee's estate if the employee did not have any dependents,  and all lawful remedies for the collection of judgments,  including provisional remedies,  shall be available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier,  and the additional penalty provided by this section is not a compensation benefit under chapter 6 of this title and is not subject to the payment of attorney fees.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-419 - Imminent dangers

23-419.
Imminent dangers
A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid,  correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists,  except individuals whose presence is necessary to avoid,  correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations or where a cessation of operations is necessary,  to permit such to be accomplished in a safe and orderly manner.
B. Upon the filing of any such complaint the superior court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.
C. Whenever,  and as soon as the commission or its authorized representative concludes that conditions or practices described in subsection A exist in any place of employment,  it shall inform the affected employees and employers of the danger and that it is recommending that relief be sought.
D. If the commission or its authorized representative arbitrarily or capriciously fails to seek relief under this section,  any employee who may be injured by reason of such failure or the representative of such employees may bring an action against the commission in superior court for a writ of mandamus to compel the commission to seek such an order and for such further relief as may be appropriate.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-420 - Hearing rights and procedures

23-420.
Hearing rights and procedures
A. Subject to section 23-417,  an interested party may request a hearing.
B. A request for hearing shall be made in writing,  signed by or on behalf of the interested party and including the requesting party's address and e-mail address,  stating that a hearing is desired,  and mailed or e-mailed to the commission. The request shall also state with particularity the violation,  abatement period or penalty that is being protested. Any violation,  abatement period or penalty not protested within the time limit specified on the citation or penalty notice will be deemed admitted.
C. The commission shall refer the request for hearing to the office of administrative hearings for determination as expeditiously as possible. The administrative law judge assigned to hear a case arising out of this article shall either be employed or contracted by the office of administrative hearings.
D. At least five days before any hearing,  notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. The hearing shall be held in the county where the violation has occurred or such other place as selected by the administrative law judge.
E. A record of all proceedings at the hearing shall be kept but need not be transcribed unless a party requests a review of the decision of the administrative law judge.
F. Except as otherwise provided in this section and by rules of procedure promulgated by the commission pursuant to section 23-405,  paragraph 4,  the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and shall conduct the hearing in any manner that will achieve substantial justice.
G. An interested party is entitled to the issuance of subpoenas for the attendance of witnesses,  parties and the production of reports,  papers,  contracts,  books,  accounts,  documents and testimony that are relevant and material to the issue. The commission or the administrative law judge shall issue such subpoenas. The commission may initiate contempt proceedings against any person who refuses to comply with a duly issued subpoena,  on application to the superior court. Any person held in contempt may be punished by a fine of not more than one thousand dollars.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-421 - Decisions of the administrative law judge; definition

23-421.
Decisions of the administrative law judge;  definition
A. On the conclusion of any hearing,  or before the conclusion of any hearing with concurrence of the parties,  the administrative law judge shall promptly and not later than thirty days after the matter is submitted for decision decide the matter in accordance with the administrative law judge's determination. The administrative law judge may affirm,  reverse or modify the disputed action and any penalty.
B. The decision shall be filed with the commission. A copy of the decision shall be sent immediately by mail or e-mail to all parties in interest.
C. The decision is final unless within fifteen days after the date on which a copy of the decision is mailed or e-mailed to the parties one of the parties requests a review under section 23-423. The request for review shall be filed within fifteen days from the date of mailing or e-mailing of the decision. For the purposes of this section,  " filed"  means deposited in the United States mail,  postage prepaid or actually received at an office of the industrial commission. The decision shall contain a statement explaining these rights and the rights of the parties under section 23-423.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-422 - Review board

23-422.
Review board
A. A review board is established within the commission to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members who are appointed by the governor and who by reason of training,  education or experience are qualified to carry out the powers and duties of the board. The board shall elect a chairman from the board's membership.
B. Before appointment by the governor,  a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. Members of the board shall be appointed to five-year terms,  except that of the members first appointed,  one each shall serve for a term of one,  two,  three,  four and five years. A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made,  for the unexpired portion of the term. The governor may remove members of the board for inefficiency,  neglect of duty,  malfeasance or nonfeasance in office. The board shall meet as often as necessary to hold review hearings as provided in section 23-423,  at times and places as the chairman may determine. A quorum of the board shall be present in order to conduct review hearings or other business. All decisions of the board shall be determined by a majority decision.
D. The commission shall employ a staff necessary for the efficient administration of the board's activities. All personnel of the board shall be under the supervision of the director of the commission and shall be paid from the general fund,  subject to legislative appropriation.
E. Board members shall receive compensation pursuant to section 38-611,  which shall be paid from the general fund,  subject to legislative appropriation.
F. The monies appropriated to carry out the purposes of subsections D and E of this section shall be appropriated to the commission,  shall not exceed twenty thousand dollars per year and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The monies shall be kept separate and apart from other monies of the commission and shall be available only to the board.
G. A member of the board shall not participate on a matter with which the member is personally associated. If a member is disqualified pursuant to this subsection or is unable to participate for any other reason on a particular matter,  the governor shall appoint a person as a temporary member to participate in the hearing. The person shall meet the qualifications of subsection A of this section.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-425 - Employee discharge or discrimination

23-425.
Employee discharge or discrimination
A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this article or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this article.
B. Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may within thirty days after such violation occurs,  file a complaint with the commission alleging such discrimination. Upon receipt of such complaint,  the commission shall cause such investigation to be made as it deems appropriate. If upon such investigation,  the commission determines that the provisions of this section have been violated,  it shall bring an action in any appropriate superior court against such person. In any such action the superior court shall have jurisdiction for cause shown to restrain violations of subsection A and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.
C. Within ninety days of the receipt of a complaint filed under this section the commission shall notify the complainant of its determination under subsection B.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-426 - Confidentiality of trade secrets

23-426.
Confidentiality of trade secrets
All information reported to or likewise obtained by the commission or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret shall be considered confidential for the purpose of this article,  except that such information may be disclosed to other representatives of the division or commission concerned with carrying out this article or when relevant in any proceeding under this article. In any such proceeding,  the director,  the commission,  the administrative law judge,  the review board or the courts shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-427 - Employer recordkeeping

23-427.
Employer recordkeeping
A. Each employer shall make,  keep and preserve,  and make available to the commission such records regarding his activities relating to this article as the commission may prescribe by regulations as necessary or appropriate for the enforcement of this article or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subsection such regulations may include provisions requiring employers to conduct periodic inspections. The commission shall also issue regulations requiring that employers,  through posting of notices or other appropriate means,  keep their employees informed of their protections and obligations under this article including the provisions of applicable standards.
B. The commission shall prescribe regulations requiring employers to maintain accurate records of and to make periodic reports on work-related deaths,  injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment,  loss of consciousness,  restriction of work or motion or transfer to another job.
C. The commission shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 23-410. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 23-410 and shall inform any employee who is being thus exposed of the corrective action being taken.
D. Any information obtained by the commission under this article shall be obtained with a minimum burden upon employers,  especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible,  with concern for the required federal information.
E. No recordkeeping or information requirements promulgated by the commission shall eliminate an employer's responsibility under the federal law to provide information required by the secretary of labor.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-428 - State legal representation

23-428.
State legal representation
A. The office of the chief counsel of the industrial commission of Arizona may appear for and represent the commission or the director or his authorized representative in any civil litigation brought under this article.
B. In any criminal proceeding initiated under this article,  the office of the chief counsel of the industrial commission of Arizona may appear for,  represent and prosecute in the name of the state of Arizona.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-430 - Political subdivision jurisdiction

23-430.
Political subdivision jurisdiction
A. Nothing in this article shall prevent any county,  city or other political subdivision of the state or any court from asserting jurisdiction over any occupational safety or health issue with respect to which no standard or regulation is in effect under section 23-410 or 23-414.
B. Any county,  city or other political subdivision of this state which at any time desires to assume responsibility for development or enforcement of occupational safety and health standards or regulations relating to any occupational safety or health issue with respect to which a state standard or regulation has been promulgated under section 23-410 or 23-414 shall submit a plan for the development or enforcement of such standards and regulations to the commission.
C. The commission may approve any plan submitted under subsection B of this section,  if such plan is as effective as the state development or enforcement program and does not conflict with the requirements of the United States department of labor under the occupational safety and health act of 1970.
D. The commission shall periodically review any development or enforcement program approved under subsection C of this section,  and shall reassume all responsibility therein for the development or enforcement of occupational safety and health standards and regulations if the commission determines that the program of any such county,  city or other political subdivision is not as effective as the state program.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-431 - Standards of competency

23-431.
Standards of competency
The commission may establish requirements and standards of competency for individuals involved in inspecting,  constructing,  relocating,  altering,  dismantling,  maintaining or repairing elevators,  dumbwaiters,  escalators,  moving walks,  boilers and pressure vessels.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-432 - Voluntary protection and other model system implementation programs; exemption

23-432.
Voluntary protection and other model system implementation programs;  exemption
A. The division shall adopt definitions,  regulations and standards necessary for the operation of the program in a manner that will promote safe and healthy workplaces throughout this state. Standards for the program shall include the following requirements for participation:
1. Upper management leadership and active and meaningful employee involvement.
2. Systematic assessment of occupational hazards.
3. Comprehensive hazard prevention,  mitigation and control programs.
4. Employee safety and health training.
5. Safety and health program evaluation by the division to ensure that a workplace continuously meets the standards and regulations.
B. Applications for participation in the program shall be submitted by the workplace's management. Applications shall include documentation establishing to the satisfaction of the division that the employer meets all requirements for program participation.
C. The division shall provide for on-site evaluations by the division's consultation section of each workplace that has applied to participate in the program to determine that the applicant's workplace complies with the requirements for program participation.
D. A workplace's continued participation in the program is conditioned on compliance with the requirements for program participation,  as determined by periodic,  planned on-site evaluations by the division.
E. During periods in which a workplace is a program participant,  the workplace is exempt from inspections or investigations under section 23-408. This exception does not apply to inspections or investigations of the workplace arising from complaints,  referrals,  fatalities,  catastrophes,  nonfatal accidents or significant toxic chemical releases.
F. Any workplace that was a participant in the uncodified voluntary protection program or any other program that implements a model system conducted by the division before August 9,  2017 may continue as a participant in the program established pursuant to this section. Beginning on August 9,  2017,  the continued participation by such a workplace in the program is conditioned on the workplace's compliance with the requirements for program participation adopted by the division.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-433 - Consulting program

23-433.
Consulting program
A. The division shall develop a consulting program utilizing visits to the workplace of employers to provide consultation and advice to such employers. Such visits:
1. May be conducted only upon request by an employer for consultation and advice on the interpretation or applicability of standards,  possible alternative ways of complying with applicable standards or other matters related to accident prevention,  occupational health or obligations pursuant to this article.
2. Shall be limited to matters specified in the request.
B. If,  after evaluating such request,  the director determines an alternative means of providing consultation is more appropriate and equally effective,  he may provide such alternative means rather than consultation at the workplace.
C. The director shall make recommendations regarding solutions to matters within the scope of the workplace consultation.
D. No visit pursuant to this section shall be regarded as an inspection or investigation pursuant to section 23-415. No citation shall be issued nor shall any civil penalties be proposed upon such visit,  except that nothing in this section shall affect in any manner any provision of this article the purpose of which is to eliminate imminent danger violations.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-471 - Definitions

23-471.
Definitions
In this article,  unless the context otherwise requires:
1. " Authorized representative"  means the boiler chief and boiler inspector employed by the division.
2. " Boiler"  means a closed vessel in which water or other liquid is heated,  steam or vapor is generated or steam or vapor is superheated,  or any combination thereof,  under pressure or vacuum for a use that is external to itself,  by the direct application of heat from the combustion of fuels or from electricity.
3. " Certificate"  means a certificate of competency.
4. " Certificate inspection"  means an internal inspection,  when construction permits,  otherwise it means as complete an inspection as possible.
5. " Commission"  means the industrial commission of Arizona.
6. " Director"  means the director of the division of occupational safety and health.
7. " Division"  means the division of occupational safety and health of the commission.
8. " Heating boilers"  means a steam or vapor boiler operating at a pressure not exceeding fifteen pounds per square inch or a hot water boiler operating at a pressure not exceeding one hundred sixty pounds per square inch or a temperature not exceeding two hundred fifty degrees Fahrenheit.
9. " High temperature water boiler"  means a water boiler intended for operation at pressures in excess of one hundred sixty pounds per square inch or temperatures in excess of two hundred fifty degrees Fahrenheit.
10. " Interested party"  means the commission,  agents of the commission and any owner or operator who has been issued a notice of violation.
11. " Lined hot water heater"  means a fired lined water heater with linings providing corrosion resistance for supplying potable hot water for commercial purposes. Lined hot water heaters are exempted when none of the following limitations are exceeded:
(a) Heat input of two hundred thousand British thermal units per hour.
(b) Water temperature of two hundred ten degrees Fahrenheit.
(c) Nominal water-containing capacity of one hundred twenty gallons.
12. " Owner"  or " operator"  means any individual or type of organization,  including this state and all political subdivisions of this state,  that has title to or controls,  or has the duty to control,  the operation of one or more boilers,  pressure vessels or lined hot water heaters.
13. " Power boiler"  means a boiler in which steam or other vapor is generated at a pressure more than fifteen pounds per square inch.
14. " Pressure vessel"  means a container for the containment of pressure,  either internal or external. The pressure may be obtained from an external source,  or by the application of heat from a direct or indirect source,  or any combination thereof.
15. " Process boiler"  means a heating boiler or a power boiler used for processing purposes where the make-up water exceeds ten percent.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-473 - Owner's and operator's duty

23-473.
Owner's and operator's duty
Every owner or operator of any boiler,  pressure vessel or lined hot water heater shall:
1. Furnish,  maintain and provide safe and adequate boilers,  pressure vessels or lined hot water heaters.
2. Comply with all standards and regulations issued pursuant to this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-474 - Duties of commission

23-474.
Duties of commission
The commission shall:
1. Administer this article through the division of occupational safety and health.
2. Adopt standards and regulations pursuant to section 23-475 and adopt other rules as are necessary.
3. Exercise other powers as are necessary to carry out the duties and requirements of this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-475 - Duties of division

23-475.
Duties of division
The division shall:
1. Certify special inspectors as provided in section 23-485.
2. Inspect boilers,  pressure vessels and lined hot water heaters under this article,  except that beginning on July 1,  2017 the division may not inspect boilers,  pressure vessels and lined hot water heaters.
3. Establish a schedule to require regular boiler,  pressure vessel and lined hot water heater inspections.
4. Recommend standards,  regulations and amendments to the standards and regulations to the commission for approval or disapproval.
5. Enforce,  under section 23-478,  all standards and regulations adopted by the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-476 - Safety standards and regulations

23-476.
Safety standards and regulations
A. Safety standards and regulations shall be formulated in the following manner:
1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigation through the division's employees and through consultation with the boiler advisory board and other persons knowledgeable in the business for which the standards or regulations are being formulated.
2. Proposed standards or regulations,  or both,  shall be submitted to the commission for its approval.
B. Any person who may be adversely affected by a standard or regulation issued pursuant to this article may at any time prior to the sixtieth day after such standard or regulation is promulgated file a complaint challenging the validity of such standard or regulation with the superior court of the county in which the person resides or has his or her principal place of business,  for a judicial review of such standard or regulation. The filing of such a complaint shall not,  unless otherwise ordered by the court,  operate as a stay of the standard or regulation. The determinations of the commission shall be conclusive if supported by substantial evidence in the record considered as a whole.
C. In case of conflict between standards and regulations,  the regulations shall take precedence.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-477 - Notice requesting investigation

23-477.
Notice requesting investigation
A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be reduced to writing,  set forth with reasonable particularity the grounds for the notice and be signed.
B. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists,  the director shall make an investigation pursuant to this article as soon as practicable to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists,  the director shall notify the requesting party in writing of such determination.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-478 - Enforcement

23-478.
Enforcement
A. If the division,  following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a standard or regulation the division shall issue a notice of violation directing any repairs,  improvements,  changes or additions necessary to eliminate the hazard. Each notice of violation shall be in writing,  delivered either by mail or in person and shall contain the following:
1. A particular description of the nature of the violation,  including a reference to the provision of this article or of any standard or regulation alleged to have been violated.
2. A reasonable time for the abatement of the violation.
B. Each notice of violation issued pursuant to this section or a copy or copies of such notice of violation shall be prominently posted at or near each place a violation referred to in the notice of violation existed.
C. If in the opinion of the director or the director's authorized representative the continued operation of the defective boiler,  pressure vessel or lined hot water heater constitutes an immediate danger to the safety of the occupants of the establishment or the persons operating such boiler,  pressure vessel or lined hot water heater the director or director's authorized representative may condemn such device and require the boiler,  pressure vessel or lined hot water heater to be returned to a condition allowing safe operation before use of the boiler,  pressure vessel or lined hot water heater is resumed.
D. On failure of an owner or operator to comply with either the requirements of a notice of violation issued pursuant to subsection A of this section or condemnation pursuant to this subsection,  the commission may file an action in the superior court in the county where the violation occurred to enjoin the owner or operator from engaging in further acts in violation of the requirements of the notice of violation or the condemnation. Any person found to be in contempt of an injunctive order of the court shall be fined not less than fifty nor more than three hundred dollars with each day of violation constituting a separate contempt.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-480 - Decisions of administrative law judge; contents; disposition and effect

23-480.
Decisions of administrative law judge;  contents;  disposition and effect
A. Upon the conclusion of any hearing,  or prior to the conclusion with concurrence of the parties,  the administrative law judge shall,  not later than thirty days after the matter is submitted for decision,  determine the matter and make a decision in accordance with his determination.
B. In the event of the demise,  resignation,  retirement,  termination of employment or other incapacitation of the presiding administrative law judge,  the decision shall be determined by the chief administrative law judge or an appointee.
C. The decision shall become a part of the commission file. A copy of the decision shall be sent immediately by mail to all parties in interest.
D. The decision is final when entered unless within fifteen days after the date on which a copy of the decision is mailed to the parties,  one of the parties files a request for review pursuant to section 23-481. The decision shall contain a statement explaining the rights of the parties pursuant to section 23-481.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-481 - Decision upon review

23-481.
Decision upon review
A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities,  in which event any other interested party shall have fifteen days from the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.
B. The request for review shall be filed with the division and copies of the request shall be mailed to all other parties to the proceeding.
C. When review has been requested,  the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the party requesting review.
D. Notice of the review shall be given to the parties by mail.
E. The review shall be made by the presiding administrative law judge and shall be based upon the record and the memoranda submitted pursuant to the provisions of subsection A of this section.
F. The presiding administrative law judge may affirm,  reverse,  rescind,  modify or supplement the decision and make such disposition of the case as is determined to be appropriate. A decision upon review shall be made within sixty days after the review has been requested.
G. The decision upon review shall become a part of the commission file and a copy sent by mail to the parties.
H. The decision upon review shall be final unless within fifteen days after the date of mailing of copies of such decision to the parties,  one of the parties applies to the court of appeals by a petition for special action pursuant to section 23-483. The decision shall contain a statement explaining the rights of the parties pursuant to this section and section 23-483.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-482 - Time for compliance with order; extension of time; effect of orders

23-482.
Time for compliance with order;  extension of time;  effect of orders
A. The commission shall,  upon application of any employer,  grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order,  which the commission shall grant if it finds the extension necessary.
B. All orders of the commission in conformity with law shall be valid and in force and prima facie reasonable and lawful until found otherwise in an action brought for such purpose pursuant to the provisions of this article or until altered or revoked by the commission.
C. A substantial compliance with the requirements of this article shall be sufficient to give effect to the orders of the commission,  and they shall not be declared inoperative,  illegal or void for an omission of a technical nature.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-483 - Petition for special action to review lawfulness of decision, order or decision upon review; procedure

23-483.
Petition for special action to review lawfulness of decision,  order or decision upon review;  procedure
A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision,  order or decision upon review.
B. The petition for special action provided by subsection A of this section and by section 23-481 shall be made returnable within ten days and shall direct the commission to certify its record,  proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the petition for special action upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and,  if findings of fact were made,  whether or not such findings of fact support the order or decision. If necessary,  the court may review the evidence.
C. Each party to the proceedings before the commission may appear in the court of appeals.
D. The court of appeals shall enter judgment either affirming or setting aside the order or decision.
E. The rules of civil procedure relating to special actions shall apply so far as applicable and not in conflict with this article.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-484 - Nonimpairment of other agencies

23-484.
Nonimpairment of other agencies
Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement of licensing,  safety or police regulation authorized by local ordinance or state law if,  upon determination by the commission,  the enforcement program employed by such political subdivision is found to be at least equal to the state enforcement program.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-485 - Special inspectors; civil liability

23-485.
Special inspectors;  civil liability
A. The division,  on the request of any company that has received a certificate of accreditation from either the national board of boiler and pressure vessel inspectors or the American society of mechanical engineers as an authorized inspection agency or an owner-user inspection organization,  may issue to any inspector of that company a certificate as a special inspector. Before receiving a certificate,  the inspector must demonstrate that the inspector holds a current commission issued by the national board of boiler and pressure vessel inspectors.
B. A certificate as a special inspector for a company operating boilers,  pressure vessels or lined hot water heaters in this state shall be issued only if,  in addition to meeting the requirements of this section,  the inspector is employed full time by such company and the inspector's duties include making inspections of boilers,  pressure vessels or lined hot water heaters to be used by such company and not for resale.
C. Each company employing such special inspectors,  within sixty days after each boiler,  pressure vessel or lined hot water heater inspection made by the inspectors,  shall file a report of the inspection with the division on appropriate forms or make entry into the division's computer database.
D. All insurance companies shall notify the division of all boilers,  pressure vessels or lined hot water heaters on which insurance is written. All insurance companies shall also notify the division of all boilers,  pressure vessels or hot water heaters on which insurance is cancelled,  not renewed or suspended because of unsafe conditions.
E. The furnishing of a certificate inspection,  as authorized by the commission pursuant to section 23-475,  that is conducted incidental to the issuance or renewal of boiler and machinery insurance or a contractual certificate inspection when performed in accordance with the standards and regulations adopted by the commission shall not subject an insurer,  a noninsurer,  whether domestic or foreign,  or a contracted inspection organization,  its agents or its employees to liability for damages for any act or omission in the course of performing inspections as provided by this section. This subsection does not apply if the gross negligence of the insurer,  noninsurer or contracted inspection organization,  its agent or its employee created the condition that was the proximate cause of the injury,  death or loss.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-486 - Boiler advisory board; members; terms; meetings

23-486.
Boiler advisory board;  members;  terms;  meetings
A. The boiler advisory board is established to assist the commission in drafting standards and regulations for boilers,  pressure vessels and lined hot water heaters. The boiler advisory board consists of the following members who are appointed by the commission:
1. One member who represents the boiler,  pressure vessel or lined hot water heater manufacturer industry.
2. One member who represents a public utility.
3. One member who represents the insurance industry.
4. One member who is an owner or operator of a boiler,  pressure vessel or lined hot water heater.
5. One member who is a licensed contractor.
B. The initial members of the boiler advisory board shall assign themselves by lot to terms of one or two years in office. All subsequent members serve three-year terms of office. The chairperson shall notify the commission of these appointments.
C. The boiler advisory board shall annually elect a chairperson from its members.
D. The boiler advisory board shall meet at least annually and on the call of the commission. The commission shall determine the time and place of boiler advisory board meetings.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-488 - Division inspection service

23-488.
Division inspection service
A. The division may enter into agreements to provide inspection services during the manufacture,  assembly,  erection,  or repair of boilers,  pressure vessels,  lined hot water heaters or any appurtenant components to such boilers,  pressure vessels or heaters whenever such inspections are requested by holders of authorized symbols of American society of mechanical engineers or the national board of boiler and pressure vessel inspectors.
B. The commission,  through the division,  may fix and collect inspection fees that shall be determined on the basis of an hourly rate for inspection plus reimbursement for actual expenses incurred,  provided that no hourly rate for inspection shall exceed thirty dollars per hour.
C. The commission shall deposit,  pursuant to sections 35-146 and 35-147,  all fees received in the state general fund.