Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 10 - DEPARTMENT OF ADMINISTRATION - RISK MANAGEMENT DIVISION › Article 1 - COVERAGE AND CLAIMS PROCEDURE › Section R2-10-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply in this Chapter unless the
				  context otherwise requires:
1.
				"Agency" means a state department, board, or commission.
2. "Agency loss prevention committee" means a
				panel of individuals established by the head of an agency to develop and
				oversee the agency's loss prevention program.
3. "Agency loss prevention coordinator" means
				an individual chosen by the head of an agency to implement the agency's loss
				prevention program and who is the agency's liaison with Risk
				Management.
4. "Attorney General's
				Office" means the Liability Management Section of the Attorney General's Office
				assigned to defend claims covered by A.R.S. §
									41-621.
5. "Client" means an individual in custodial
				care of a provider through contract or court order with a state agency through
				programs listed in A.R.S. §
									41-621(B).
6. "Confined space" has the meaning of  29 CFR 1910.146(b)  Occupational Safety and Health Standards for General Industry, The
				Industrial Commission of Arizona, Division of Occupational Safety and Health,
				February 1, 1998, which is incorporated by reference in this rule. This
				incorporation by reference does not include any later amendments or editions.
				Copies of the incorporation by reference are available for inspection at the
				Industrial Commission of Arizona, 800 West Washington, Phoenix, Arizona and in
				the Office of the Secretary of State, Public Service Department, 1700 West
				Washington, Phoenix, Arizona.
7.
				"Contaminant" means a substance that is radioactive, infectious, carcinogenic,
				toxic, irritant, corrosive, sensitizer or an agent that damages the lungs,
				skin, eyes, mucous membranes, and other body organs.
8. "Data Breach" means any theft, loss, or
				unauthorized acquisition, unauthorized access to, or unauthorized disclosure of
				nonpublic data or information or hardware containing nonpublic data or
				information, in the insured's care, custody, or control, that does or may
				compromise the privacy, security, confidentiality, or integrity of such data or
				information.
9. "Deductible" means
				the amount of a loss that the agency will pay before Risk Management is
				obligated to pay anything.
10. "Department" means
				the Department of Administration, an agency of the State of Arizona.
11.
				"Emergency" means an immediate health threat.
12. "Environment" means
				navigable waters, surface waters, groundwater, drinking water supply, land
				surface or subsurface strata, and ambient air, within or bordering on this
				state.
13. "Environmental
				Contractor" means a company hired by the state to conduct environmental site
				investigations and remediation work.
14. "Environmental
				property claim" means a demand or payment resulting from chemical or biological
				damage to the environment.
15. "Ergonomics" means
				a science of the relationship between human capability and the work
				environment, which the Department uses to design a job, task, equipment, or
				tool to conform comfortably within the limits of human capability.
16.
				"Feasibility study" means a remediation plan based upon a site investigation to
				clean up a contaminated site by an environmental contractor.
17.
				"Geophysical survey" means a radar, magnetic, electric, gravity, thermal, or
				seismic survey.
18. "Groundwater" means
				water beneath the ground in sediments or permeable bedrock.
19.
				"Hazardous substance or waste" means hazardous waste as defined in A.R.S.
				§
									49-921(5).
20. "Health threat"
				means evidence that exposure to a specific type and concentration of
				contaminant is harmful to human health. This evidence shall be based on at
				least 1 study conducted by the National Institute of Occupational Safety and
				Health or the Environmental Protection Agency in accordance with established
				scientific principles.
21. "Incident" means an
				event involving an agency employee, facility, or equipment that results in an
				occupational injury or illness, personal injury, or loss of or damage to state
				property, or an event involving the public that exposes the state to a
				liability loss.
22. "Loss prevention"
				means any action or plan intended to reduce the frequency and severity of
				property, liability, or workers' compensation losses.
23.
				"Occurrence" means an accident, incident or a series of accidents or incidents
				arising out of a single event or originating cause and includes all resultant
				or concomitant insured losses.
24. "Passenger van"
				means any motor vehicle designed, modified, or otherwise capable of being
				configured to carry not less than 8 passengers and no more than 15
				passengers.
25. "Personal
				protective equipment" means any clothing, material, device, or equipment worn
				to protect a person from exposure to, or contact with, any harmful material or
				force.
26. "Provider" means an
				individual or entity authorized to provide services to state clients as
				outlined in A.R.S. §
									41-621(B)  that is not contractually required to
				indemnify and hold the state harmless.
27. "Remedial action"
				or "remediation" means the process of cleaning up a hazardous substance or
				waste site by an environmental contractor.
28. "Risk Manager"
				means the Administrator for the State Risk Management Program.
29.
				"Risk Management" or "RM" means the State Risk Management Program.
30. "Security Incident" means an event that
				creates a reasonable suspicion that nonpublic data or information, or hardware
				containing nonpublic data or information, in the insured's care, custody, or
				control, may have been compromised, or that measures put in place to protect
				such data or information may have failed.
31. "Security System Breach" means any
				unauthorized access to, unauthorized use or misuse of, damage, deletion, or
				modification to, or denial of authorized access to, a computer system within
				the care, custody, or control of the insured, by cyber-attacks, through any
				electronic means, including malware, viruses, worms, and Trojan horses, spyware
				and adware, zero-day attacks, hacker attacks, and denial of service
				attacks.
32. "Self-insurance"
				means state -provided loss protection for an agency, employee, or other person
				or entity who is insured through RM funds.
33. "Site assessment"
				means the process of completing and assessing a site investigation and a
				feasibility study.
34. "Site
				investigation" means a detailed examination by an environmental contractor of
				an area of a building or ground suspected of being contaminated with a
				hazardous substance or waste.