Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-615 - Representatives of Employers and Employees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Compliance Safety and Health Officers
				shall be in charge of inspections and questioning of persons. A Compliance
				Safety and Health Officer may permit additional employer representatives and
				additional representatives authorized by employees if it is determined that
				such additional representatives will further aid the inspection. A different
				employer and employee representative may accompany the Compliance Officer
				during each different phase of an inspection if this will not interfere with
				the conduct of the inspection.
B.
				Compliance Safety and Health Officers shall have authority to resolve all
				disputes as to who is the representative authorized by the employer and
				employees for the purpose of this rule. If there is no authorized
				representative of employees, or if the Compliance Safety and Health Officer is
				unable to determine with reasonable certainty who is such representative, the
				Compliance Safety and Health Officer shall consult with a reasonable number of
				employees concerning matters of safety and health in the workplace.
C. The representative(s) authorized by
				employees shall be an employee(s) of the employer. However, if in the judgment
				of the Compliance Safety and Health Officer, good cause has been shown why
				accompaniment by a third party who is not an employee is reasonably necessary
				to the conduct of an effective and thorough physical inspection of the
				workplace, such third party may accompany the Compliance Safety and Health
				Officer during the inspection.
D.
				Compliance Safety and Health Officers are authorized to deny the right of
				accompaniment under this Section to any person whose conduct interferes with a
				fair and orderly inspection. The right of accompaniment in areas containing
				trade secrets shall be subject to the provisions of rule
				R20-5-616(B).
				With regard to information classified by an agency of the United States
				government in the interest of national security, only persons authorized to
				have access to such information may accompany a Compliance Safety and Health
				Officer in areas containing such information.
E. An employee of the division or the
				commission may not:
1. Before, during or
				after an inspection or investigation, communicate to an employer that the
				employer should not be represented by an attorney or that the employer may be
				treated more favorably by the division or the commission if the employer is not
				represented by an attorney.
2.
				Conduct an audio recording of an oral statement provided during an interview
				without the knowledge and consent of the person being interviewed. The employee
				of the division or the commission shall inform the person being interviewed of
				the person's right to receive a copy of the recorded oral statement within a
				reasonable time.
3. Obtain a
				written statement during an interview without informing the person of the
				person's right to receive a copy of the written statement within a reasonable
				time.