Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-164 - Human Immunodeficiency Virus, Hepatitis C, Methicillin-resistant Staphylococcus Aureus, Spinal Meningitis and Tuberculosis; Significant Exposure; Employee Notification; Reporting; Documentation; Forms

Current through Register Vol. 30, No. 28, July 12, 2024
A. An employer subject to the Act shall
				notify its employees of the requirements of A.R.S. §§
									23-1043.02,
				23-1043.03,
				and
				23-1043.04
				by posting the Commission notices titled "Work Exposure to Bodily Fluids" and
				"Work Exposure to methicillin-resistant Staphylococcus Aureus (MRSA), Spinal
				Meningitis, or Tuberculosis (TB)" in a conspicuous place immediately next to
				the "Notice to Employees" notice required under A.R.S. §
									23-906(D).
B. Properly posted "Work Exposure to Bodily
				Fluids" and "Work Exposure to Methicillin-resistant Staphylococcus Aureus
				(MRSA), Spinal Meningitis, or Tuberculosis (TB)" notices constitute sufficient
				notice to employees of the requirements of a prima facie case under A.R.S.
				§§ 1043.02(B), 23-1043.03(B), and 23-1043.04(B).
C. An employer's insurance carrier, claims
				processor, or workers' compensation pool shall provide the notices specified in
				subsection (A) to the employer. These notices are also available from the
				Commission upon request.
D. An
				employer shall make readily available to its employees the Commission form
				described in
				R20-5-106 titled
				"Report of Significant Work Exposure to Bodily Fluids or Other Infectious
				Material." An employer's insurance carrier, claims processor, or workers'
				compensation pool shall provide the "Report of Significant Work Exposure to
				Bodily Fluids or Other Infectious Material" to the employer. This form is also
				available from the Commission upon request.
E. If an employee sustains a significant
				exposure as defined in A.R.S. §§
									23-1043.02(G),
				23-1043.03(G),
				or
				23-1043.04(H)(2),
				the employee shall complete, date, and sign a "Report of Significant Work
				Exposure to Bodily Fluids or Other Infectious Material" form. The employee or
				employee's authorized representative shall give to the employer the completed,
				dated, and signed form. The employer shall return one copy of the completed
				form to the employee or to the employee's authorized representative. Nothing in
				this subsection limits the requirements to report an injury or file a claim
				under the Act.
F. If an employee
				submits a written report of a significant exposure to an employer, but does not
				use the Commission form titled "Report of Significant Work Exposure to Bodily
				Fluids or Other Infectious Material," the employer shall provide the employee
				the Commission form within five calendar days after receiving the employee's
				initial written report.
G. The date
				of the receipt by the employer or its authorized representative of the
				employee's initial report is the date used to compute the time period
				prescribed in A.R.S. §§
									23-1043.02(B)(2),
				23-1043.03(B)(2),
				and
				23-1043.04(B)(2)
				 if:
1. The
				initial report contains the information required in the "Report of Significant
				Work Exposure to Bodily Fluids or Other Infectious Material" form, or
2. The employee gives to the employer the
				completed Commission form within 10 calendar days after the employee's receipt
				of the Commission form.