reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-628 - Safe Transportation of Compressed Air or Other Gases

Current through Register Vol. 30, No. 28, July 12, 2024
An employer shall not use Polyvinyl Chloride (PVC) piping in
				  a place of employment for the transportation and distribution of compressed air
				  or other compressed gases in an above-ground installation.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-629 - The Occupational Injury and Illness Recording and Reporting Requirements, 29 CFR 1904

Current through Register Vol. 30, No. 28, July 12, 2024
Each employer shall comply with the standards in the Federal
				  Occupational Safety and Health Standards for Recordkeeping, as published in 29
				  CFR 1904, with amendments as of July 21, 2023, incorporated by reference.
				  Copies of the incorporated materials are available for review at the Industrial
				  Commission of Arizona and may be obtained from the United States Government
				  Printing Office, Superintendent of Documents, Washington, D.C. 20402. These
				  standards shall apply to all conditions and practices related to recordkeeping
				  by all employers, both public and private, in the state of Arizona. This
				  incorporation by reference does not include amendments or editions to 29 CFR
				  1904 published after July 21, 2023.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-650 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
As used in rules
				  R20-5-650 through
				  R20-5-669 inclusive, unless the
				  context clearly requires otherwise:
"Act" means the
				  Arizona Occupational Safety and Health Act of 1972 (Arizona Revised Statutes,
				  Title 23, Chapter 2, Article 10).
"Affected employee"
				  means an employee or authorized employee representatives, such as the
				  employee's collective bargaining agent, who would be affected by the granting
				  or denial of a variance.
"Commission" means the Industrial Commission of
				  Arizona.
"Party" means a person admitted to participate in a hearing
				  conducted in accordance with subsection (3)
				  R20-5-624. An applicant for relief
				  and any affected employee shall be entitled to be named as parties.
"Person" means an individual, partnership, association,
				  corporation, business trust, legal representative, an organized group of
				  individuals, or political subdivision.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-651 - Petitions for Amendments

Current through Register Vol. 30, No. 28, July 12, 2024
Any person may at any time petition the Commission in writing
				  to revise, amend, or revoke any provisions of rules
				  R20-5-650
				  through
				  R20-5-669
				  inclusive. The petition should set forth either the terms or the substance of
				  the rule desired, with a concise statement of the reasons therefor and the
				  effects thereof.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-652 - Effects of Variances

Current through Register Vol. 30, No. 28, July 12, 2024
All variances granted hereunder shall have only future
				  effect. In their discretion, the Commission may decline to entertain an
				  application for variance on the subject or issue concerning which a citation
				  has been issued to the employer involved and a proceeding on the citation or a
				  related issue concerning a proposed penalty or period of abatement is pending
				  before the Federal Occupational Safety and Health Review Commission, Office of
				  Administrative Hearings or the Arizona Review Board until the completion of
				  such proceeding.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-653 - Public Notice of a Granted Variance

Current through Register Vol. 30, No. 28, July 12, 2024
Every final action granting a variance, shall be published in
				  statewide newspapers. Every such final action shall specify the alternative to
				  the standard involved which the particular variance permits.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-654 - Variances; Form of Documents; Subscription; Copies

Current through Register Vol. 30, No. 28, July 12, 2024
A. No particular form is prescribed for
				applications and other papers which may be filed in proceedings pursuant to
				R20-5-655 and
				R20-5-656. However, any
				applications and other papers shall be clearly legible. An original and six
				copies of any application and other papers shall be filed. The original shall
				be typewritten. Clear carbon copies or printed or processed copies are
				acceptable copies.
B. Each
				application or other paper which is filed in proceedings hereunder shall be
				signed by the person filing the same or by an attorney or other authorized
				representative and where required by these regulations shall be verified by the
				applicant.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-655 - Variances under A.R.S. Section 23-411

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				employer, or class of employers, desiring a variance from a standard or
				regulation or any portion thereof, authorized by A.R.S. §
									23-411(B)  may
				file a written application containing the information specified in A.R.S.
				§
									23-411(C)  with
				the Industrial Commission of Arizona, 800 West Washington, Phoenix, Arizona
				85007.
B.
In accordance with
				  A.R.S. §
										23-411(B)(3), an
				  application may also be made for an interim order to be effective until a
				  decision is rendered on the application for the variance filed previously or
				  concurrently. An application for an interim order shall include a verified
				  statement of facts and arguments supporting such application. The Commission
				  may rule ex parte upon the application.
C. If an
				application for a variance is denied, the applicant shall be given prompt
				notice of the denial, which shall include, or be accompanied by, a brief
				statement of the grounds therefore.
D. If an interim order is granted, a copy of
				the order shall be served upon the applicant for the order and other parties
				and the terms of the order shall be published in statewide newspapers. It shall
				be a condition of the order that the affected employer shall give notice
				thereof to affected employees by the same means to be used to inform them of an
				application for variance.
E.
				Renewal of rules or orders. Any final rule or order issued under A.R.S. §
									23-411 may be renewed or extended
				as permitted by the applicable Section and in the manner prescribed for its
				issuance.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-656 - Variances under A.R.S. Section 23-412

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any employer, or
				class of employers, desiring a variance authorized by A.R.S. §
									23-412 may file a written
				application with the Industrial Commission of Arizona, 800 W. Washington,
				Phoenix, Arizona 85007.
B. An
				application shall contain the information specified in A.R.S. §
									23-412.
C.
An application may
				  also be made for an interim order to be effective until a decision is rendered
				  on the application for the variance filed previously or concurrently. An
				  application for an interim order shall include a verified statement of facts
				  and arguments supporting such application. The Commission may rule ex parte
				  upon the application.
D. If an
				application is denied, the applicant shall be given prompt notice of the
				denial, which shall include, or be accompanied by, a brief statement of the
				grounds therefore.
E. If an interim
				order is granted, a copy of the order shall be served upon the applicant and
				other parties, and the terms of the order shall be published in statewide
				newspapers. It shall be a condition of the order that the affected employer
				shall give notice thereof to affected employees by the same means to be used to
				inform them of an application for a variance.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-657 - Federal Multi-state Variances

Current through Register Vol. 30, No. 28, July 12, 2024
Where a
				  federal variance has been granted with multi-state applicability, including
				  applicability in this state operating under a state plan approved under Section
				  18 of the Federal Williams-Steiger Occupational Safety and Health Act of 1970,
				  from a standard or portion thereof identical to this state's standard or rule
				  or portion thereof such variance shall likewise be deemed an authoritative
				  interpretation of the employer(s)' compliance obligation with regard to the
				  state standard or portion thereof provided no objections of substance are found
				  to be interposed by the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-658 - Action on Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A.
If an application
				  filed pursuant to rule
				  R20-5-655,
				  R20-5-656, or
				  R20-5-657 does not conform to the
				  applicable Section, the Commission may deny the application.
.
B.
the Commission shall
				  cause to be published in statewide newspapers a notice of the filing of an
				  approved application which shall include:
1. The terms, or an
				accurate summary, of the application;
2. A reference to the
				Section of the Act under which the application has been filed;
3. An
				invitation to interested persons to submit within a stated period of time
				written data, views, or arguments regarding the application; and
4.
				Information to affected employers, employees, of any right to request a hearing
				on the application.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-659 - Request for Hearings on Petition

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Any employer, employee, authorized employee representative, representative, or
				other person interested in or affected by an order of the Commission may
				petition for a hearing on the reasonableness and lawfulness of an order issued
				under A.R.S. §§
									23-411 or
				23-412, by a verified petition
				filed with the Commission.
B. A
				request for a hearing filed shall include:
1.
				The name and address of the applicant;
2. A concise statement of facts showing how
				the employer, employee, authorized employee representative, representative, or
				other person would be affected by the relief applied for;
3. A petition shall set forth specifically
				and in detail the order upon which a hearing is desired;
4. The reasons why the order is unreasonable
				or unlawful;
5. The issue to be
				considered by the Commission on the hearing. Objections other than those set
				forth in the petition are deemed finally waived.
6. If the applicant is an employer, a
				certification that the applicant has informed the affected employees of the
				application by:
a. Giving a copy thereof to
				their authorized representative;
b.
				Posting at the place or places where notices to employees are normally posted,
				a statement giving a summary of the petition specifying where a copy of the
				full petition may be examined (or, in lieu of the summary, posting the
				application itself); and
c. Other
				appropriate means.
7. If
				the applicant is an affected employee, a certification that a copy of the
				petition has been furnished to the employer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-660 - Consolidation of Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission on its own motion or that of any party may
				  consolidate or contemporaneously consider two or more proceedings which involve
				  the same or closely related issues.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-661 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
Upon
				  request for a hearing as provided in this Section, or upon its own initiative,
				  the Commission shall serve, or cause to be served, a reasonable notice of
				  hearing which
shall
				  include:
1. The time, place, and
				nature of the hearing;
2. The legal
				authority under which the hearing is to be held;
3. A specification of issues of fact and
				law.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-662 - Manner of Service

Current through Register Vol. 30, No. 28, July 12, 2024
Service of any document upon any party may be made by
				  personal delivery of, or by mailing, a copy of the document to the last known
				  address of the party. The person serving the document shall certify to the
				  manner and the date of the service.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-663 - Commission; Powers and Duties

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commissioners shall have all powers necessary or appropriate to conduct a
				fair, full, and impartial hearing, including the following:
1. To administer oaths and
				affirmations;
2. To rule upon
				offers of proof and receive relevant evidence;
3. To provide for discovery and to determine
				its scope;
4. To regulate the
				course of the hearing and the conduct of the parties and their counsel
				therein;
5. To consider and rule
				upon procedural requests;
6. To
				hold conferences for the settlement or simplification of the issues by consent
				of the parties;
7. To make, or to
				cause to be made, an inspection of the employment or place of employment
				involved;
8. To make decisions in
				accordance with A.R.S. §§
										23-405(5),
				23-411,
				23-412, and
				23-945; and
9. To take any other appropriate action
				authorized by the Act, this Section, or A.R.S. §
										23-945.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-664 - Prehearing Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon
				its own motion or the motion of a party, the Commission may direct the parties
				or their counsel to meet with them for a conference to consider:
1. Simplification of the issues;
2. Necessity or desirability of amendments to
				documents for purposes of clarification, simplification, or
				limitation;
3. Stipulations,
				admissions of fact, and of contents and authenticity of documents;
4. Limitation of the number of parties and of
				expert witnesses; and
5. Such other
				matters as may tend to expedite the disposition of the proceeding and to assure
				a just conclusion thereof.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-665 - Consent Findings and Rules or Orders

Current through Register Vol. 30, No. 28, July 12, 2024
A. At any time before the reception of
				evidence in any hearing, or during any hearing, a reasonable opportunity may be
				afforded to permit the negotiation by the parties of an agreement containing
				consent findings and a rule or order disposing of the whole or any part of the
				proceeding. The allowance of such opportunity and the duration thereof shall be
				in the discretion of the Commission, after consideration of the nature of the
				proceeding, the requirements of the public interest, the representations of the
				parties, and the probability of an agreement which will result in a just
				disposition of the issues involved.
B. Any agreement containing consent findings
				in rule or other disposing of a proceeding shall also provide:
1. That the rule or order shall have the same
				force and effect as if made after a full hearing;
2. That the entire record on which any rule
				or order may be based shall consist solely of the application and the
				agreement;
3. A waiver of any
				further procedural steps before the Commission; and
4. A waiver of any right to challenge or
				contest the validity of the findings and of the rule or order made in
				accordance with the agreement.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-666 - Discovery

Current through Register Vol. 30, No. 28, July 12, 2024
A. For reasons of
				unavailability or for other good cause shown, the testimony of any witness may
				be taken by deposition.
1. Depositions may be
				taken orally or upon written interrogatories before any person designated by
				the Commission and having power to administer oaths.
2. Any party desiring to take the deposition
				of a witness may make application in writing to the Commission, setting forth:
a. The reasons why such deposition should be
				taken;
b. The time when, the place
				where, and the name and post office address of the person before whom the
				deposition is to be taken;
c. The
				name and address of each witness; and
d. The subject matter concerning which each
				witness is expected to testify.
3. Such notice as the Commission may order
				shall be given by the party taking the deposition to every other
				party.
4. Each witness testifying
				upon deposition shall be sworn, and the parties not calling the witness shall
				have the right to cross-examine the witness. The questions propounded and the
				answers thereto, together with all objections made, shall be reduced to
				writing, read to the witness, subscribed by the witness, and certified by the
				officer before whom the deposition is taken. Thereafter, the officer shall seal
				the deposition, with two copies thereof, in an envelope and mail the same by
				registered mail to the presiding hearing examiner. Subject to such objections
				to the questions and answers as were noted at the time of taking the deposition
				and would be valid were the witness personally present and testifying, such
				deposition may be read and offered in evidence by the party taking it as
				against any party who was present, represented at the taking of the deposition,
				or who had due notice thereof. No part of a deposition shall be admitted in
				evidence unless there is a showing that the reasons for the taking of the
				deposition in the first instance exist at the time of the hearing.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-667 - Variance Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as may be ordered otherwise by the Commission, the party applying for relief
				shall proceed first at a hearing.
B. The party applying for relief shall have
				the burden of proof.
C. A party
				shall be entitled to present its case or defense by oral or documentary
				evidence, to submit rebuttal evidence, and to conduct such cross-examination as
				may be required for a full and true disclosure of the facts.
Any oral or
				  documentary evidence may be received, but the Commission shall exclude evidence
				  which is irrelevant, immaterial, or unduly repetitious.
The testimony of a
				  witness shall be upon oath or affirmation administered by the
				  Commission.
D. Official
				notice may be taken of any material fact not appearing in evidence in the
				record, which is among the traditional matters of judicial notice: provided
				that the parties shall be given adequate notice, at the hearing or by reference
				in the Commission's decision, of the matters so noticed and shall be given
				adequate opportunity to show the contrary.
E. Minutes shall be taken of the Commission
				hearings. Copies of the minutes may be obtained by the parties upon written
				application filed with the secretary of the Commission and upon the payment of
				fees at the rate provided in the agreement with the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-668 - Decisions of the Commission

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Proposed findings of fact, conclusions, and rules or orders. Within 10 days
				after completion of the hearing or such additional time as the Commission may
				allow, each party may file with the Commission proposed findings of fact,
				conclusions of law, and rule or order, together with a supporting brief
				expressing the reasons for such proposals. Such proposals and brief shall be
				served on all other parties and shall refer to all portions of the record and
				to all authorities relied upon in support of each proposal.
B. Decisions of the Commission. Within a
				reasonable time after the time allowed for the filing of proposed findings of
				fact, conclusions of law, and rule or order, the Commission shall make and
				serve upon each party its decision, which shall become final upon the 30th day
				after service thereof, unless exceptions are filed thereto, as provided in rule
				R20-5-669. The decision of the Commission shall include:
1. A statement of findings and conclusions,
				with reasons and basis therefor, upon each material issue of fact, law, or
				discretion presented on the record, and
2. The appropriate rule, order, relief, or
				denial thereof. The decision of the hearing examiner shall be based upon a
				consideration of the whole record and shall state all facts officially notice
				and relied upon. It shall be made on the basis of a preponderance of reliable
				and probative evidence.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-669 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
Any employer, employee, authorized employee representative,
				  representative, or any person in interest is dissatisfied with an order of the
				  Commission may appeal in accordance with A.R.S. §
									23-413.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-670 - Field Sanitation

Current through Register Vol. 30, No. 28, July 12, 2024
A. This
				Section applies to any agricultural establishment where a crew of five or more
				employees are engaged on any given day in hand-labor operations in one
				location.
B. As used in this
				Section:
1. "Agricultural establishment"
				means a business operation that uses paid employees in the production of food,
				fiber or other material such as seed, seedlings, plants or parts of
				plants.
2. "Crew of employees"
				means a group of persons who are employed to perform hand-labor operations as a
				unit at an agricultural establishment. "Crew of employees" does not include the
				employer and the employer's immediate family members.
3. "Hand-labor operations" means agricultural
				activities or operations performed in the field by hand or with hand tools.
				Hand-labor operations include the hand-harvest of vegetables, nuts and fruits,
				hand-weeding of crops and hand-planting of seedlings. Hand-labor operations do
				not include such activities as logging operations, irrigation operations, the
				care or feeding of livestock or hand-labor operations in permanent structure,
				such as canning facilities or packing houses. Hand-labor operations do not
				include activities in which persons are acting as equipment
				operators.
4. "Handwashing
				facility" means a facility providing either a basin, container or outlet with
				an adequate supply of potable water, soap and single-use towels.
5. "Potable water" means water that meets the
				standards for drinking purposes prescribed by the state or local authority
				having jurisdiction or water that meets the quality standards prescribed by the
				United States Environmental Protection Agency's National Interim Primary
				Drinking Water Regulations, published in 40 CFR Part 141 (July 1983),
				incorporated by reference and on file in the Office of the Secretary of
				State.
6. "Toilet facility" means a
				facility designed for the purpose of both defecation and urination, including
				biological or chemical toilets, combustion toilets or sanitary privies, which
				is supplied with toilet paper adequate for employee needs. Toilet facilities
				may be either fixed or portable.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-680 - Protected Activity

Current through Register Vol. 30, No. 28, July 12, 2024
A. All
				complaints pursuant to A.R.S. §
									23-425 shall relate to conditions
				at the workplace. The filing of complaints need not be in writing for purposes
				of this subsection except that those complaints filed pursuant to
				R20-5-682 shall comply with
				R20-5-682. The term "filed any
				complaint" as used in A.R.S. §
									23-425(A) 
				includes:
1. Employee requests for inspection
				pursuant to A.R.S. §
										23-408;
2. Complaints registered with other state,
				local or federal governmental agencies which have the authority to regulate or
				investigate occupational safety and health conditions;
3. Complaints lodged with employers;
				or
4. Complaints filed as specified
				in R20-5-682.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-681 - Elements of a Violation of A.R.S. Section 23-425

Current through Register Vol. 30, No. 28, July 12, 2024
To establish a violation of A.R.S. §
									23-425(A), the
				  employee shall prove all of the following:
1. The employee was engaged in protected
				activities as defined in
				R20-5-680.
2. The employer had actual or implied
				knowledge of the employee's protected activities prior to the adverse action
				which the employee claims to be a discharge or discrimination.
3. The action claimed to be discharge or
				discrimination was adverse to the employee.
4. The alleged discharge or discrimination
				would not have taken place but for the employee's engagement in the protected
				activity.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-682 - Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. A complaint of
				A.R.S. §
									23-425(A) 
				discharge or discrimination shall be filed with the Division of Occupational
				Safety and Health by the employee or by a representative authorized by A.R.S.
				§
									23-408 to do so on the employee's
				behalf. The complaint shall be written and shall be signed by the person filing
				the complaint.
B. The date of
				filing a complaint under A.R.S. §
									23-425(B)  is the
				date of receipt of the complaint by the Division. The date of receipt is the
				date of postmark, date of facsimile transmittal, date of e-mail communication,
				date of telephone call, date of hand-delivery to a third-party commercial
				carrier, or date of in-person filing at the Division. If the post-mark is
				absent or illegible, the date filed is the date the complaint is received by
				the Division.
C. The Division will
				accept or deny an employee's withdrawal of a complaint; however the Industrial
				Commission's investigatory jurisdiction shall not be foreclosed by unilateral
				action of the employee.
D. The
				Industrial Commission may resolve an A.R.S. §
									23-425 complaint with the employer
				without the consent of the employee.
E. The Industrial Commission's jurisdiction
				to investigate and determine A.R.S. §
									23-425 complaints is independent
				of the jurisdiction of other agencies or bodies. The Industrial Commission may
				defer to the results of other such proceedings where:
1. The rights asserted in those other
				proceedings are substantially the same as the rights pursuant to A.R.S. §
										23-425;
2. The factual issues in such proceedings are
				substantially the same as the factual issues before the Industrial
				Commission;
3. The proceedings were
				fair and regular; and
4. The
				outcome of the proceedings was not inconsistent with the purposes of this
				Chapter and the Act.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-683 - Reconsideration of Initial Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. In cases where ADOSH issues an initial
				determination to not proceed with a complaint filed under A.R.S. §
									23-425, the employee can request
				reconsideration of the initial determination.
B. The request for reconsideration must be
				filed with, and received by, the ADOSH Director within 15 calendar days from
				the receipt of the initial determination letter.
C. The reconsideration will be placed upon
				the agenda for a meeting of the Industrial Commission of Arizona
				Commissioners.
D. The employee, and
				the employer will be notified of the reconsideration date, and may appear at
				the Commissioners' meeting to provide testimony. The employee, and the employer
				will not be allowed to present documentary evidence.
E. Upon hearing the testimony, and review of
				the file, the Commissioners may:
1. Affirm the
				initial determination;
2. Remand
				the file back to ADOSH for further investigation; or
3. Reverse the initial determination and have
				a lawsuit filed in the appropriate Superior Court.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-801 - Notice of Rules

Current through Register Vol. 30, No. 28, July 12, 2024
This Article applies to all actions and proceedings before
				  an administrative law judge pertaining to those issues arising out of Title 23,
				  Chapter 2, Article 10. In the event of a conflict between A.R.S. §§
									23-401 through
				  23-433 or this Article and the
				  rules of procedure pertaining to OAH, A.R.S. §§
									23-401 through
				  23-433 and this Article
				  control.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-803 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									23-401, the following definitions
				  apply to this Article:
"Act" means the
				  Arizona Occupational Safety and Health Act of 1972.
"Affected employee"
				  means an employee of a cited employer who is exposed to the alleged hazard
				  described in a citation, as a result of assigned duties.
"Authorized employee
				  representative" means a labor organization which has a collective bargaining
				  relationship with the cited employer and which represents affected
				  employees.
"Citation" means a
				  written communication issued by the Division of Occupational Safety and Health
				  of the Industrial Commission of Arizona pursuant to A.R.S. §
									23-415.
"OAH" means the Arizona Office of Administrative
				  Hearings.
"Party" shall have the
				  same meaning as "interested party," as defined in A.R.S. §
									23-401.
"Representative" means any person, including an authorized
				  employee representative, authorized by a party to represent the party under
				  A.R.S. §
									23-429 in a
				  proceeding.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-804 - Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
In computing any period of time prescribed or allowed in This
				  Article, the day from which the designated period begins to run shall not be
				  included. The last day of the period so computed shall be included unless it is
				  a Saturday, Sunday, or legal holiday. When the period of time prescribed or
				  allowed is less than seven days, intermediate Saturdays, Sundays, and legal
				  holidays shall be excluded in the computation.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-805 - Record Address

Current through Register Vol. 30, No. 28, July 12, 2024
The initial pleading filed by any interested party shall
				  contain the party's name, address, e-mail address, and telephone number. Any
				  change in such information must be communicated promptly in writing to the
				  Commission, OAH, and all other interested parties. An interested party who
				  fails to furnish such correct and current information shall be deemed to have
				  waived the right to object to the validity of any notice and/or service which
				  has been made to the last known address of the party as shown by the records of
				  the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-807 - Consolidation

Current through Register Vol. 30, No. 28, July 12, 2024
Cases may be consolidated on the motion of any interested
				  party, or on the administrative law judge's own motion, where there exist
				  common parties, common questions of law or fact, or both, or in such other
				  circumstances as justice and the administration of the Act
				  require.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-808 - Severance

Current through Register Vol. 30, No. 28, July 12, 2024
Upon an administrative law judge's own motion, or upon motion
				  of any party, the administrative law judge may, for good cause, order any part
				  of a proceeding severed with respect to some or all issues or
				  parties.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-809 - Election to Appear

Current through Register Vol. 30, No. 28, July 12, 2024
A. Affected
				employees may elect to appear at a hearing for the purpose of testifying or
				stating their position concerning the subject matter of a hearing.
B. An affected employee desiring to appear at
				a hearing must notify the administrative law judge in writing.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-810 - Employee Representatives

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Affected employees may appear in person or through a representative.
B. An authorized employee representative
				shall be deemed to control all matters respecting the interest of represented
				employees during the proceedings.
C. Affected employees who are represented by
				an authorized employee representative may appear only through the authorized
				employee representative.
D. Any
				representative may withdraw from representation by filing a written notice of
				withdrawal with the administrative law judge and by serving a copy thereof on
				all interested parties.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-811 - Form of Pleadings

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as provided in A.R.S. §
									23-420 and this Article, there are
				no specific requirements as to the form of any pleading or filing. All pleading
				and filings shall contain a caption sufficient to identify the parties in
				accordance with R20-5-812. All pleadings and motions shall include the citation
				number and a clear and plain statement of the relief that is sought, together
				with the grounds therefor.
B.
				Pleadings and other filings (other than exhibits and petitions for hearing)
				shall be typewritten and double spaced, on standard letter size
				paper.
C. Pleadings and motions
				shall be signed or electronically signed by the party filing or by the
				representative. Such signing constitutes a representation by the signer that
				the signer has read the pleading or motion, that to the best of the signer's
				knowledge, information and belief the statements made therein are true, and
				that it is not interposed for delay.
D. OAH may refuse for filing any pleading or
				document which does not comply with the requirements of subsections (A), (B),
				and (C) of this Section.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-812 - Caption; Titles of Cases

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Cases initiated by a cited employer filing a request for hearing contesting
				citations and/or proposed penalties shall be titled:
Arizona Division of Occupational Safety and Health,
				  Complainant, vs. (name of employer), Respondent.
B. Cases initiated by a cited employer filing
				a request for hearing for modification of the abatement period shall be titled:
(name of employer), Petitioner vs. Arizona Division of
				  Occupational Safety and Health, Respondent.
C. Cases initiated by an affected employee
				filing a request for hearing for modification of the abatement period shall be
				titled:
(name of affected employee or authorized employee
				  representative), Petitioner vs. Arizona Division of Occupational Safety and
				  Health, Respondent, and (employer), Respondent.
D. The case titles listed in subsections (A),
				(B), and (C) of this Section shall appear in the left upper portion of the
				initial page of any pleading, motion, or filing (other than
				exhibits).
E. The initial page of
				any pleading, motion, or filing (other than exhibits and requests for hearing)
				shall show the citation number at the upper right of the page, opposite the
				title.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-813 - Requests for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Requests for
				hearing shall be filed with the Arizona Division of Occupational Safety and
				Health.
B. Requests for hearing
				shall be in writing and contain a clear and plain statement of the relief that
				is sought, together with the grounds thereof.
C. The Commission shall, after receipt of a
				request for hearing, refer the file to OAH for hearing and
				determination.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-814 - Pre-hearing Conference

Current through Register Vol. 30, No. 28, July 12, 2024
A. At any
				time before a hearing, the administrative law judge, sua sponte or on motion of
				An interested party, may direct the parties, or their representatives, to
				exchange information or to participate in a pre-hearing conference for the
				purpose of considering matters which will tend to simplify the issues or
				expedite the proceedings.
B. The
				administrative law judge may issue a pre-hearing order which includes the
				agreements reached by the parties. Such order shall be served on all parties
				and shall be part of the record.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-815 - Payment of Witness Fees and Mileage

Current through Register Vol. 30, No. 28, July 12, 2024
Witnesses summoned before OAH shall be paid the same fees and
				  mileage that are paid to witnesses in the courts of Arizona. Witness fees and
				  mileage shall be paid by the party at whose request the witness
				  appears.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-817 - Failure to Appear - Withdrawal of Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The failure of An interested party who has
				requested a hearing to appear at such scheduled hearing shall be deemed to be
				an admission of the validity of any citation, abatement period, or penalty
				issued pursuant to A.R.S. §
									23-417(A), and
				additionally a waiver of all rights except the right to be served with a copy
				of the decision of the administrative law judge and to request
				review.
B. Withdrawal of a request
				for hearing shall be construed as an admission of the validity of any citation,
				abatement period or penalty issued pursuant to A.R.S. §
									23-417(A). No
				decision need be issued in this case, as the subject instrument is deemed to be
				admitted.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-818 - Duties and Powers of Administrative Law Judges

Current through Register Vol. 30, No. 28, July 12, 2024
It shall be the duty of the administrative law judge to
				  conduct a fair and impartial hearing, to assure that the facts are fully
				  elicited, to adjudicate all issues and avoid delay. The administrative law
				  judge shall have authority with respect to assigned cases, between the time a
				  case is assigned and the time a decision is issued, subject to the rules and
				  regulations of the Commission and OAH, to:
1. Administer oaths and
				affirmations;
2. Rule upon
				admissibility of exhibits;
3. Rule
				upon applications for depositions;
4. Regulate the course of the hearing and, if
				appropriate or necessary, exclude persons or counsel from the hearing for
				contemptuous conduct and strike all related testimony of witnesses refusing to
				answer any proper questions;
5.
				Call and examine witnesses;
6.
				Request the parties at any time during the hearing to state their respective
				positions concerning any issue in the case or theory in support
				thereof;
7. Adjourn the hearing as
				the needs of justice and good administration require;
8. Issue appropriate orders for protection of
				trade secrets;
9. Take any other
				action necessary under the foregoing and authorized by the rules and
				regulations of the Commission and OAH.