reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-508 - Safety Standard for Manlifts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every owner or operator of a manlift
				installed, repaired, or altered on or after January 1, 2023, shall comply with
				ASME A90.1-2015 (Safety Standard for Belt Manlifts), which is incorporated by
				reference. For purposes of a repair or alteration, compliance with the
				specified standard shall apply, to the extent possible, to the scope of the
				repair or alteration. This incorporation by reference does not include any
				later amendments or editions of the incorporated matter.
B. Every owner or operator of a manlift
				installed, repaired, or altered prior to January 1, 2023, shall comply with
				either:
(1) ASME A90.1-2015 (Safety Standard
				for Belt Manlifts); or
(2) ASME
				A90.1-2003 (Safety Standard for Belt Manlifts), which are incorporated by
				reference. For purposes of a repair or alteration, compliance with the
				specified standard shall apply, to the extent possible, to the scope of the
				repair or alteration. These incorporations by reference do not include any
				later amendments or editions of the incorporated matter.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-509 - Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every owner or operator of a personnel
				hoist or employee elevator for construction and demolition operation installed,
				repaired, or altered on or after January 1, 2023, shall comply with ANSI
				A10.4-2016 (Safety Requirements for Personnel Hoists and Employee Elevators for
				Construction and Demolition Sites), which is incorporated by reference. For
				purposes of a repair or alteration, compliance with the specified standard
				shall apply, to the extent possible, to the scope of the repair or alteration.
				This incorporation by reference does not include any later amendments or
				editions of the incorporated matter.
B. Every owner or operator of a personnel
				hoist or employee elevator for construction and demolition operation installed
				prior to January 1, 2023, shall comply with either:
(1) ANSI A10.4-2016 (Safety Requirements for
				Personnel Hoists and Employee Elevators for Construction and Demolition Sites);
				or
(2) ANSI A10.4-2007 (Safety
				Requirements for Personnel Hoists and Employee Elevators for Construction and
				Demolition Sites), which are incorporated by reference. For purposes of a
				repair or alteration, compliance with the specified standard shall apply, to
				the extent possible, to the scope of the repair or alteration. These
				incorporations by reference do not include any later amendments or editions of
				the incorporated matter.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-510 - Safety Requirements for Material Hoists

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every owner or operator of a material
				hoist installed, repaired, or altered on or after January 1, 2023, shall comply
				with ANSI A10.5-2020 (Safety Requirements for Material Hoists), which is
				incorporated by reference. For purposes of a repair or alteration, compliance
				with the specified standard shall apply, to the extent possible, to the scope
				of the repair or alteration. This incorporation by reference does not include
				any later amendments or editions of the incorporated matter.
B. Every owner or operator of a material
				hoist installed, repaired, or altered prior to January 1, 2023, shall comply
				with either:
(1) ANSI A10.5-2020 (Safety
				Requirements for Material Hoists); or
(2) ANSI A10.5-2006 (Safety Requirements for
				Material Hoists), which are incorporated by reference. For purposes of a repair
				or alteration, compliance with the specified standard shall apply, to the
				extent possible, to the scope of the repair or alteration. These incorporations
				by reference do not include any later amendments or editions of the
				incorporated matter.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-513 - Firefighters' Emergency Operation

Current through Register Vol. 30, No. 28, July 12, 2024
All conveyances equipped with firefighters' emergency
				  operation shall utilize the AZFS key.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-514 - Standard for Elevator Suspension, Compensation, and Governor Systems

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every owner or
				operator of an elevator with elevator suspension, compensation, or governor
				systems installed, repaired, or altered on or after the effective date of this
				subsection shall comply with ASME A17.6-2017 (Standard for Elevator Suspension,
				Compensation, and Governor Systems), which is incorporated by reference. For
				purposes of a repair or alteration, compliance with the specified standard
				shall apply, to the extent possible, to the scope of the repair or alteration.
				This incorporation by reference does not include any later amendments or
				editions of the incorporated matter.
B. A copy of the referenced material is
				available for review at the Industrial Commission of Arizona, 800 West
				Washington Street, Phoenix, Arizona 85007, and ASME at Three Park Avenue, New
				York, New York 10016-5990 or at
http://www.asme.org
.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 5 - ELEVATOR AND CONVEYANCE SAFETY › Section R20-5-515 - Safety Requirements for Stage and Orchestra Lifts

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every owner or operator of a stage lift
				installed, repaired, or altered on or after the effective date of this section
				shall comply with ANSI E1.42-2018 (Entertainment Technology - Design,
				Installation, and Use of Orchestra Pit Lifts), which is incorporated by
				reference. For purposes of a repair or alteration, compliance with the
				specified standard shall apply, to the extent possible, to the scope of the
				repair or alteration. This incorporation by reference does not include any
				later amendments or editions of the incorporated matter.
B. A copy of the reference material is
				available for review at the Industrial Commission of Arizona, 800 West
				Washington Street, Phoenix, Arizona 85007, and ANSI at 25 West 43rd Street, 4th
				Floor, New York, New York, 10036 or at
http://www.ansi.org
.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-601 - The Federal Occupational Safety and Health Standards for Construction, 29 CFR 1926

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 Construction, as published in 29
				  CFR 1926, with amendments as of February 24, 2021, incorporated by reference.
				  Copies of these referenced 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 construction
				  activity 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 1926 published after February 24, 2021.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-602 - The Federal Occupational Safety and Health Standards for General Industry, 29 CFR 1910

Current through Register Vol. 30, No. 28, July 12, 2024
Each employer shall comply with the standards in Subparts B
				  through Z inclusive of the Federal Occupational Safety and Health Standards for
				  General Industry, as published in 29 CFR 1910, with amendments as of July 14,
				  2020, incorporated by reference. Copies of these reference 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 general industry activity by all employers,
				  both public and private, in the state of Arizona; provided that this Section
				  shall not apply to those conditions and practices which are the subject of
				  R20-5-601.
				  This incorporation by reference does not include amendments or editions to 29
				  CFR 1910 published after July 14, 2020.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-602.01 - Subpart T, Commercial Diving Operations

Current through Register Vol. 30, No. 28, July 12, 2024
Each employer shall comply with the standards in Subpart T of
				  the Federal Occupational Safety and Health Standards for the General Industry
				  as published in 29 CFR 1910, with amendments as specified in
				  R20-5-602,
				  except that the exemption set forth in
				  29 CFR
				  1910.401(a)(2)(ii) shall not
				  apply. Subpart T shall apply to any diving operation performed solely for
				  search, rescue, or related public safety purposes by or under the control of a
				  governmental agency.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-602.02 - Subpart U; COVID-19 Healthcare Standards

Current through Register Vol. 30, No. 28, July 12, 2024
Unless expired or withdrawn by the Federal Occupational
				  Safety and Health Administration and except as otherwise provided in Arizona
				  Revised Statutes ("A.R.S."), Title 23, Chapter 2, Articles 8 and 8.1 and A.R.S.
				  §
									23-425,
				  each covered employer shall comply wi th the standards in Subpart U of the
				  Federal Occupational Safety and Health Standards for the General Industry, as
				  published in 29 CFR 1910(U). For purposes of this section, a "covered employer"
				  means an employer subject to Subpart U, as set forth in
				  29
				  CFR 1910.502. Copies of the referenced
				  material is available for review at the Industrial Commission of Arizona and
				  may be obtained from the United States Gov- ernment Printing Office,
				  Superintendent of Documents, Washington, D.C. 20402. This incorporation by
				  reference does not include amend- ments or editions to 29 CFR 1910(U) published
				  after June 21, 2021.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-603 - The Federal Occupational Safety and Health Standards for Agriculture, 29 CFR 1928

Current through Register Vol. 30, No. 28, July 12, 2024
Each employer shall comply with the standards in Subparts A
				  through D inclusive of the Federal Occupational Safety and Health Standards for
				  Agriculture, as published in 29 CFR 1928, with amendments as of March 7, 1996,
				  incorporated by reference and on file with the Office of the Secretary of
				  State. Copies of these referenced 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. This incorporation by reference does not include amendments or editions
				  to 29 CFR 1928 published after March 7, 1996.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-604 - Rules of Agency Practice and Procedure Concerning Osha Access to Employee Medical Records, 29 Cfr 1913

Current through Register Vol. 30, No. 28, July 12, 2024
Each employer pursuant to A.R.S. §
									23-403(B)
				   shall comply with Federal Regulations, Title
				  29, Part 1913, with amendments as of May 23, 1980 (amendments of May 23, 1980
				  on file with the Secretary of State), which are hereby adopted and incorporated
				  by reference as if set forth fully herein. This regulation applies to OSHA
				  Access to Employee Medical Records.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-605 - Hoes for Weeding or Thinning Crops

Current through Register Vol. 30, No. 28, July 12, 2024
A. The use of a hoe with a handle less than
				four feet in length for weeding or thinning crops is prohibited. This
				prohibition is based upon the existence of other practical and adequate
				alternatives to the use of these short-handle hoes.
B. This rule does not apply to greenhouse or
				nursery operations.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-606 - State Definition of Terms Used in Adopting Federal Standards Pursuant to R20-5-601, R20-5-602, R20-5-603 and R20-5-604

Current through Register Vol. 30, No. 28, July 12, 2024
For the purposes of the standards enumerated in the federal
				  occupational safety and health standards incorporated into
				  R20-5-601,
				  R20-5-602,
				  R20-5-603,
				  and
				  R20-5-604:
1. "Agency" means the Industrial Commission
				of Arizona.
2. "Assistant
				Secretary" means the Director of the Arizona Division of Occupational Safety
				and Health of the Industrial Commission of Arizona.
3. "Assistant Secretary of Labor for
				Occupational Safety and Health" means the Director of the Arizona Division of
				Occupational Safety and Health of the Industrial Commission of
				Arizona.
4. "Office of the
				Solicitor of Labor" means Legal Counsel for the Industrial Commission of
				Arizona.
5. "OSHA" means Arizona
				Division of Occupational Safety and Health.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-608 - 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.
"Compliance Safety and Health Officer" means a person authorized by the
				  Occupational Safety and Health Division, Industrial Commission of Arizona, to
				  conduct inspections.
"Establishment" means a single physical location where business is conducted or
				  where services or industrial operations are performed. (For example: a factory,
				  mill, stores, hotel, restaurant, movie theatre, farm, ranch, bank, sales
				  office, warehouse, or central administrative office.) Where distinctly separate
				  activities are performed at a single physical location (such as contract
				  construction activities from the same physical location as a lumber yard), each
				  activity shall be treated as a separate physical establishment, and a separate
				  notice or notices shall be posted in each such establishment, to the extent
				  that such notices have been furnished by the Industrial Commission of Arizona,
				  Division of Occupational Safety and Health. Where employers are engaged in
				  activities which are physically dispersed, such as agriculture, construction,
				  transportation, communications, and electric, gas and sanitary services, the
				  notice or notices required by this Section shall be posted at the location to
				  which employees report each day. Where employees do not usually work at, or
				  report to, a single establishment, such as traveling salesmen, technicians,
				  engineers, etc., such notice or notices shall be posted at the location from
				  which the employees operate to carry out their activities. In all cases, such
				  notice or notices shall be posted in accordance with requirements of
				  R20-5-609.
"Working days" means Mondays through Fridays but shall not
				  include Saturdays, Sundays, or state holidays. In computing 15 working days,
				  the day of the receipt of any notice shall not be included, and the last day of
				  the 15 working days shall be included.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-609 - Posting of Notice: Availability of the Act, Regulations and Applicable Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each
				employer shall post and keep posted a notice or notices, to be furnished by the
				Industrial Commission of Arizona, Division of Occupational Safety and Health,
				informing employees of the protections and obligations provided for in the Act,
				and that for assistance and information, including copies of the Act and of
				specific safety and health standards, employees should contact the employer or
				the nearest office of the Industrial Commission. Such notice or notices shall
				be posted by the employer in each establishment in a conspicuous place or
				places where notices to employees are customarily posted. Each employer shall
				take steps to ensure that such notices are not altered, defaced, or covered by
				other material.
B. Copies of the
				Act, all regulations published in this Chapter and applicable standards will be
				available at all offices of the Arizona Division of Occupational Safety and
				Health. If an employer has obtained copies of these materials, the employer
				shall make them available upon request to any employee or the employee's
				authorized representative for review in the establishment where the employee is
				employed on the same day the request is made or at the earliest time mutually
				convenient to the employee or the employee's authorized representative and the
				employer.
C. Any employer failing
				to comply with the provisions of this Section shall be subject to citation and
				penalty in accordance with the provisions of A.R.S. §
									23-418.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-610 - Authority for Inspection

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director of the Division of Occupational Safety and Health or the Director's
				authorized representative upon presentation of credentials shall be permitted
				to enter without delay and at reasonable times any factory, plant,
				establishment, construction site, or other area, or place of environment where
				work is performed by an employee of an employer; to inspect and investigate
				during regular working hours and in a reasonable manner, any such place of
				employment, and all pertinent conditions, structures, machines, apparatus,
				devices, equipment and materials therein; to question privately any employer,
				owner, operator, agent or employee and to review records required by the Act
				and regulations published in this Article and other records which are directly
				related to the purpose of the inspection.
B. Representatives of the Secretary of
				Health, Education, and Welfare are authorized to make inspections and to
				question employers and employees in order to carry out the functions of the
				Secretary of Health, Education, and Welfare under the Williams-Steiger
				Occupational Safety and Health Act. Inspections conducted by Department of
				Labor Compliance Safety and Health Officers and representatives of the
				Secretary of Health, Education and Welfare under Section 8 of the
				Williams-Steiger Occupational Safety and Health Act and pursuant to 29 CFR Part
				1903 shall not affect the authority of any state to conduct inspections in
				accordance with agreements and plans under Section 18 of the Williams-Steiger
				Occupational Safety and Health Act.
C. Prior to inspecting areas containing
				information which is classified by an agency of the United States government in
				the interests of national security, Compliance Safety and Health Officers shall
				have obtained the appropriate security clearance.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-611 - Objection to Inspection

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon a
				refusal to permit a Compliance Safety and Health Officer, in the exercise of
				official duties, to enter without delay and at reasonable times any place of
				employment or any place therein, to inspect, to review records, or to privately
				question any employer, owner, operator, agent, or employee, in accordance with
				rule R20-5-610, or to permit a representative of employees to accompany the
				Compliance Safety and Health Officer during the physical inspection of any
				workplace in accordance with rule
				R20-5-615, the Compliance Safety
				and Health Officer shall terminate the inspection or confine the inspection to
				other areas, conditions, structures, machines, apparatus, devices, equipment,
				materials, records, or interviews concerning which no objection is raised. The
				Compliance Safety and Health Officer shall endeavor to ascertain the reason for
				such refusal and shall immediately report the refusal and the reason therefore
				to the Director of the Division. The Director shall immediately consult with
				the Industrial Commission and its legal counsel, who shall promptly take
				appropriate action, including compulsory process if necessary.
B. Compulsory process may be sought in
				advance of an inspection or reinvestigation if, in the judgment of the Director
				of the Division and the Industrial Commission Chief Legal Counsel,
				circumstances exist including but not limited to specific evidence of an
				existing violation or reasonable legislative or administrative standards for
				conducting an inspection which make pre-inspection process desirable or
				necessary.
C. With the approval of
				the Industrial Commission, and the Industrial Commission Chief Legal Counsel,
				compulsory process may also be obtained by the Director of the Division or the
				Director's designee.
D. For
				purposes of this Section, the term compulsory process shall mean the
				institution of any appropriate action, including ex parte application for an
				inspection warrant or its equivalent.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-612 - Entry Not a Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
Any permission to enter, inspect, review records, or question
				  any person shall not imply or be conditioned upon a waiver of any cause of
				  action, citation, or penalty under the Act. Compliance Safety and Health
				  Officers are not authorized to grant any such waiver.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-613 - Advance Notice of Inspections

Current through Register Vol. 30, No. 28, July 12, 2024
A. Advance notice of inspections may not be
				given except in the following situations:
1.
				In cases of apparent imminent danger, to enable the employer to abate the
				danger as quickly as possible;
2.
				In circumstances where the inspection can most effectively be conducted after
				regular business hours or where special preparations are necessary for an
				inspection;
3. Where necessary to
				ensure the presence of representatives of the employer and employees or the
				appropriate personnel needed to aid in an inspection; and
4. In other circumstances where the Division
				Director determines that the giving of advance notice would enhance the
				probability of an effective and thorough inspection.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-614 - Conduct of Inspections

Current through Register Vol. 30, No. 28, July 12, 2024
A. At the
				beginning of an inspection, Compliance Safety and Health Officers shall present
				their credentials to the owner, operator, or agent in charge at the
				establishment; explain the nature and purpose of the inspection; and indicate
				generally the scope of the inspection and the records specified in rule
				R20-5-610 which they wish to
				review.
B. Compliance Safety and
				Health Officers shall have authority to take environmental samples and to take
				or obtain photographs related to the purpose of the inspection, employ other
				reasonable investigative techniques, and question privately any employer,
				owner, operator, agent or employee of an establishment.
C. In taking photographs and samples,
				Compliance Safety and Health Officers shall take reasonable precautions to
				ensure that such actions with flash, spark producing, or other equipment would
				not be hazardous. Compliance Safety and Health Officers shall comply with all
				employer safety and health rules and practices at the establishment being
				inspected, and they shall wear and use appropriate protective clothing and
				equipment.
D. The conduct of
				inspections shall be such as to preclude unreasonable disruption to the
				operations of the employer's establishment.
E. At the conclusion of an inspection, a
				Compliance Safety and Health Officer shall confer with the employer or employer
				representative and informally advise the employer or employer representative of
				any apparent safety or health violations disclosed by the inspection. During
				such conference, the employer shall be afforded an opportunity to bring to the
				attention of the Compliance Safety and Health Officer any pertinent information
				regarding conditions in the workplace.
F. Small business inspections, qualifying
				under the Small Business Bill of Rights A.R.S. §
									41-1009, shall be subject to the
				provisions in A.R.S. §
									41-1009.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-616 - Trade Secrets

Current through Register Vol. 30, No. 28, July 12, 2024
A. At the
				commencement of an inspection, the employer may identify areas in the
				establishment which contain or which might reveal a trade secret. If the
				Compliance Safety and Health Officer has no clear reason to question such
				identification, information obtained in such areas, including all negatives and
				prints of photographs, environmental samples, shall be labeled
				"confidential-trade secret" and shall not be disclosed except in accordance
				with provisions of A.R.S. §
									23-426.
B. Upon the request of an employer, any
				authorized representative of employees under rule
				R20-5-615
				in an area containing trade secrets shall be an employee in that area or an
				employee authorized by the employer to enter that area. Where there is no such
				representative or employee, a Compliance Safety and Health officer shall
				consult with a reasonable number of employees who work in that area concerning
				matters of safety and health.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-617 - Consultation with Employees

Current through Register Vol. 30, No. 28, July 12, 2024
Compliance Safety and Health Officers may privately consult
				  with employees concerning matters of occupational safety and health to the
				  extent they deem necessary for the conduct of an effective and thorough
				  inspection. During the course of an inspection, any employee shall be afforded
				  an opportunity to bring any violation of the Act, which the employee has reason
				  to believe exists in the workplace, to the attention of the Compliance Safety
				  and Health Officer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-618 - Complaints by Employees

Current through Register Vol. 30, No. 28, July 12, 2024
A. A copy
				of a complaint submitted pursuant to A.R.S. §
									23-408 shall be provided to the
				employer or the employer's agent by the Director of the Division of
				Occupational Safety and Health or the employers' representative no later than
				the time of inspection, except that, upon the request of the person giving such
				notice, the person's name shall not appear in such copy or in any record
				published, released, or made available by the Arizona Division of Occupational
				Safety and Health.
B. If upon
				receipt of such notification the Division Director determines that the
				complaint meets the requirements set forth in subsection (A) of this rule, and
				that there are reasonable grounds to believe that the alleged violation exists,
				the Division Director shall cause an inspection to be made as soon as
				practicable, to determine if such alleged violation exists. Inspections under
				this rule shall not be limited to matters referred to in the
				complaint.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-619 - Inspection Not Warranted; Informal Review

Current through Register Vol. 30, No. 28, July 12, 2024
If the Division Director determines that an inspection is not
				  warranted because there are no reasonable grounds to believe that a violation
				  or danger exists with respect to a complaint in accordance with A.R.S. §
									23-408, the Division Director
				  shall notify the complaining party in writing of such determination. The
				  complaining party may obtain review of such determination by submitting a
				  written statement of position with the Industrial Commission and, at the same
				  time, providing the employer with a copy of such statement by certified mail.
				  The employer may submit an opposing written statement of position with the
				  Industrial Commission and, at the same time, provide the complaining party with
				  a copy of such statement by certified mail. Upon the request of the complaining
				  party or the employer, the Industrial Commission, at their discretion, may hold
				  an informal conference in which the complaining party and the employer may
				  orally present their views. After considering all written and oral views
				  presented, the Industrial Commission shall affirm, modify, or reverse the
				  determination of the Division Director and furnish the complaining party and
				  the employer a written notification of their decision and the reasons
				  therefore. The decision of the Industrial Commission shall be final and not
				  subject to further review. Such determination shall be without prejudice to the
				  filing of a new complaint meeting the requirements of A.R.S. §
				  23-408.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-621 - Citations: Notices of De Minimis Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Division Director shall review the
				inspection reports of the Compliance Safety and Health Officer. If, on the
				basis of the report, the Division Director believes that the employer has
				violated a requirement of A.R.S. §
									23-403, of any standard, rule or
				order promulgated pursuant to A.R.S. §
									23-410 of the Act, or of any
				substantive rule published in these rules, the Division Director shall, if
				appropriate, consult with the Industrial Commission's counsel and shall issue
				to the employer either a citation or notice of de minimis violations. An
				appropriate citation or notice of de minimis violation shall be issued even
				though after being informed of an alleged violation by the Compliance Safety
				and Health Officer, the employer immediately abates, or initiates steps to
				abate, such alleged violation. Any citation or notice of de minimis violations
				shall be issued with reasonable promptness after termination of the inspection.
				No citation may be issued under this rule after the expiration of six months
				following the occurrence of any alleged violation.
B. If a citation or notice of de minimis
				violation issued for a violation alleged in a request for inspection under
				A.R.S. §
									23-408, a copy of the citation or
				notice of de minimis violation shall also be sent to the employee or
				representative of employees who made such request or notification.
C. After an inspection, if the Division
				Director determines that a citation is not warranted with respect to a danger
				or violation alleged to exist in a request for inspection under A.R.S. §
									23-408, the informal review
				procedures prescribed in rule
				R20-5-619 shall be applicable.
				After considering all views presented, the Industrial Commission shall affirm
				the determination of the Division Director, order a reinspection, or issue a
				citation if the Industrial Commission believes that the inspection disclosed a
				violation. The Industrial Commission shall furnish the complaining party and
				the employer with a written notification of their determination and the reasons
				therefore. The determination of the Industrial Commission shall be final and
				not subject to review.
D. Every
				citation shall state that the issuance of a citation does not constitute a
				finding that a violation of the Act has occurred unless there is a failure to
				contest as provided for in the Act or, if contested, unless a citation is
				affirmed by the Office of Administrative Hearings or the Review
				Board.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-622 - Proposed Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. All
				employers shall be notified of any proposed penalties, issued pursuant to
				A.R.S. §
									23-418 and A.R.S. §
									23-418.01, by certified mail or by
				a signed verification in person.
B.
				The Division Director shall determine the amount of any proposed penalty,
				giving due consideration to the appropriateness of penalty with respect to the
				size of the business of the employer being charged, the gravity of the
				violation, the good faith of the employer, quick-fix abatement, and the history
				of previous violations in accordance with the provisions of A.R.S. §
									23-418.
C. Appropriate penalties may be proposed with
				respect to an alleged violation even though after being informed of such
				alleged violation by the Compliance Safety and Health Officer, the employer
				immediately abates, or initiates steps to abate, such alleged violation.
				Penalties shall not be proposed for de minimis violations which have no direct
				or immediate relationship to safety or health.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-623 - Posting of Citations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon
				receipt of any citation under the Act, the employer shall immediately post such
				citation, or a copy thereof, unedited, at or near each place an alleged
				violation referred to in the citation occurred, except as provided below.
				Where, because of the nature of the employer's operations, it is not
				practicable to post the citation at or near each place of alleged violation,
				such citation shall be posted, unedited, in a prominent place where it will be
				readily observable by all affected employees. For example, where employers are
				engaged in activities which are physically dispersed, the citation may be
				posted at the location to which the employees report each day. Where employees
				do not primarily work at or report to a single location, the citation may be
				posted at the location from which the employees operate to carry out their
				activities. The employer shall take steps to ensure that the citation is not
				altered, defaced, or covered by other material. Notices of de minimis
				violations need not be posted.
B.
				Each citation, or a copy thereof, shall remain posted until the violation has
				been abated, or for three working days, whichever is later. The filing by the
				employer of a notice of intention to contest under A.R.S. §
									23-420 shall not affect the
				posting responsibility under this rule unless and until the Office of
				Administrative Hearings and/or Review Board issues a final order vacating the
				citation.
C. An employer to whom a
				citation has been issued may post a notice in the same location where such
				citation is posted indicating that the citation is being contested before the
				Office of Administrative Hearings and/or Review Board, and such notice may
				explain the reasons for such contest. The employer may also indicate that
				specified steps have been taken to abate the violation.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-624 - Employer and Employee Contests before the Office of Administrative Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. All
				notices to contest citations and/or penalties shall be submitted to the
				Division Director and immediately transmitted to the Office of Administrative
				Hearings in accordance with the Rules of Procedure prescribed by the Industrial
				Commission.
B. Any affected
				employee or employee representative appealing the period allowed an employer to
				abate a particular violation shall submit the notice of contest to the Division
				Director who shall immediately transmit such notice to the Office of
				Administrative Hearings in accordance with the Rules of Procedure prescribed by
				the Industrial 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 R20-5-625 - Failure to Abate a Violation for Which a Citation Has Been Issued

Current through Register Vol. 30, No. 28, July 12, 2024
A. All employers
				failing to abate an alleged violation for which a citation has been issued,
				within the period permitted for its abatement, shall be notified of such
				failure and any proposed penalties issued pursuant to A.R.S. §
									23-418 by certified mail or by
				signed verification in person.
B.
				All notices to contest a notification of failure to abate a violation and of
				proposed additional penalty shall be submitted to the Division Director and
				immediately transmitted to the Office of Administrative Hearings in accordance
				with the Rules of Procedure prescribed by the Industrial Commission.
C. Each notification of failure to abate a
				violation and of proposed additional penalty shall state that it shall be
				deemed to be the final order of the Industrial Commission and not subject to
				review by any court or agency unless within fifteen working days from the
				receipt of such notification, the employer notifies the Division Director in
				writing of the intent to contest the notification or the proposed additional
				penalty before the Office of Administrative Hearings.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-626 - Informal Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
At the request of an affected employer, employee, or
				  representative of employees, the Industrial Commission, or their designee, may
				  hold an informal conference for the purpose of discussing any issues raised by
				  an inspection, citation, notice of proposed penalty, or notice of intention to
				  contest. The settlement of any issue at such conference shall be subject to
				  rules and procedures prescribed by the Industrial Commission. If the conference
				  is requested by the employer, an affected employee or an affected employee's
				  representative shall be afforded an opportunity to participate, at the
				  discretion of the Industrial Commission or their designee. If the conference is
				  requested by an employee or representative of employees, the employer shall be
				  afforded an opportunity to participate, at the discretion of the Industrial
				  Commission or their designee. Any party may be represented by counsel in such
				  conference. No such conference or request for such conference shall operate as
				  a stay of any fifteen working day period for filing a notice of intention to
				  contest as prescribed in A.R.S. § 23-417(A).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Section R20-5-627 - Abatement Verification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope
				and application. This Section applies to employers, as defined in A.R.S. §
									23-401, who receive a citation for
				a violation of the Arizona Occupational Safety and Health Act.
B. Definitions
1. Abatement means action by an employer to
				comply with a cited standard or rule or to eliminate a recognized hazard, as
				defined in A.R.S. §
										23-401, identified by the Division
				during an inspection.
2. Abatement
				date means:
a. For an uncontested citation
				item, the later of:
i. The date in the
				citation for abatement of the violation;
ii. The date approved by the Division as a
				result of a petition for modification of the abatement date (PMA); or
iii. The date for abatement completion as
				established in a citation by an informal conference
				agreement.
b. For a
				contested citation item for which an administrative law judge has issued a
				final decision affirming the violation, the later of
i. The date identified in the final decision
				for completion of abatement;
ii.
				The date computed by adding the original period allowed for abatement in the
				citation to begin 15 days from the final decision date of an administrative law
				judge; or
iii. The date established
				by a formal settlement agreement.
3. Affected employee means an employee who is
				exposed to the hazard identified as a violation in a citation.
4. Final order date means:
a. The date on which an uncontested citation
				is deemed final under A.R.S. §
											23-417(A);
				or
b. For a contested citation
				item: The date on which a decision or order of an administrative law judge
				becomes final under A.R.S. §
											23-421 or §
											23-423.
5. Movable equipment means a hand-held or
				non-hand-held machine or device, powered or unpowered, that is used to do work
				and is moved within or between workplaces.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Appendix B - Sample Abatement Plan or Progress Report (Nonmandatory)

Current through Register Vol. 30, No. 28, July 12, 2024
(Name), Director
The Industrial Commission of Arizona
Division of Occupational Safety and Health
P. O. Box 19070
Phoenix, Arizona 85005
[Company's Name]
[Company's Address]
Check one:
Abatement Plan [ ]
Progress Report [ ]
Inspection Number ______________________
Page ________of__________
Citation Number(s)*______________________
Item Number(s)* ________________________
Proposed
Completion Completion
Action Date (for Date (for
abatement progress reports
plans only) only)
1.
				.................. .... ................... ...................
.................. ....
.................. ....
2. .................. ....
				................... ...................
.................. ....
.................. ....
3. .................. ....
				................... ...................
.................. ....
.................. ....
4. .................. ....
				................... ...................
.................. ....
.................. ....
5. .................. ....
				................... ...................
.................. ....
.................. ....
Date required for final abatement:___________________
I attest that the information contained in this
				  document
is accurate.
______________________________________________
Signature
______________________________________________
Typed or Printed Name
Name of primary point of contact for questions:
				  (optional)
Telephone number: ______________________________
*Abatement plans or progress reports for more than one
				  citation item may be combined in a single abatement plan or progress report if
				  the abatement actions, proposed completion dates, and actual completion dates
				  (for progress reports only) are the same for each of the citation
				  items.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 6 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS › Appendix C - Sample Warning Tag (Nonmandatory)

Current through Register Vol. 30, No. 28, July 12, 2024
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