23-401. Definitions In this article, unless the context otherwise requires: 1. " Board" means a review board established pursuant to section 23-422. 2. " Commission" means the industrial commission of Arizona. 3. " De minimis violation" means a condition or practice that, although undesirable, has no direct or immediate relationship to safety or health. 4. […]
23-402. Applicability Nothing in this article shall apply to working conditions of employees with respect to which any state agency acting under section 274(b) of the atomic energy act of 1954, as amended, or under title 27, chapter 3, Arizona Revised Statutes, exercises statutory authority to prescribe or enforce standards or regulations affecting occupational safety […]
23-403. Employer’s duty A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. B. Each employer shall comply with occupational safety and health standards and all regulations […]
23-404. Employee’s duty Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this article which are applicable to his own actions and conduct.
23-405. Duties and powers of the industrial commission relative to occupational safety and health The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Appoint the director of the division of occupational safety and health. 3. Cooperate with the federal government to establish and maintain an […]
23-406. Division of occupational safety and health; director; appointment; qualifications; compensation A. There shall be a division of occupational safety and health within the industrial commission. B. The director of the division of occupational safety and health shall be the administrative head of the division under the control of the commission. The director shall be […]
23-407. Duties and powers of the division The division on behalf of the commission shall: 1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for the commission’s approval or disapproval. 2. Have the authority to enforce all such standards or rules, after adoption by the commission, pursuant to the […]
23-408. Inspection of places and practices of employment; closing conference; prohibitions; employee initiation of investigation; violation; classification; injunction A. Except as prescribed in section 23-432, subsection E, the director of the division of occupational safety and health, or the director’s authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question […]
23-409. Advisory committees A. The commission shall create an occupational safety and health advisory committee to assist the commission in drafting standards and regulations. The committee may be asked to perform other functions as may be necessary. The committee shall be appointed by the commission and shall be composed of a reasonably balanced representation of […]
23-410. Development of standards and rules A. Safety and health standards and rules shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such rules as it considers necessary after conducting sufficient investigations through the division’s employees and through consultation with the […]
23-411. Temporary and experimental variances A. Any employer may apply to the commission for a temporary order granting a variance from a standard or regulation or any provision thereof promulgated under this article. B. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection C of […]
23-412. Permanent variances Any affected employer may apply to the commission for a rule or order for a variance from a standard or regulation promulgated under this article. Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. The commission shall issue such rule or order if […]
23-413. Protest of validity of order Any interested party adversely affected by a rule or order issued under sections 23-411 or 23-412 may appeal in accordance with the procedures established in sections 23-945 and 23-946.
23-414. Emergency temporary standards A. The commission may provide for emergency temporary standards or regulations to take immediate effect upon filing with the secretary of state, if the commission or the United States occupational safety and health administration determines that employees are exposed to grave danger from exposure to substances or agents determined to be […]
23-415. Citations A. If the director, following an inspection or investigation determines that there is reasonable cause to believe that violation exists he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall contain the following: 1. A particular description of the nature of the violation, including […]
23-416. De minimis violations The division may issue an advisory notice setting forth de minimis violations of standards and regulations which shall carry no penalty, unless the employer wilfully and repeatedly violates such standard or regulation, in which case the division may refer the matter to the commission for appropriate action pursuant to section 23-418.
23-417. Enforcement procedure A. If the director, following an inspection or investigation, issues a citation pursuant to section 23-415 the director, within a reasonable time after termination of the inspection or investigation, shall notify the employer by mail of any penalty proposed to be assessed pursuant to section 23-418 and that the employer has fifteen […]
23-418. Penalties; violation; classification A. Any employer who wilfully or repeatedly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or this article may be assessed a civil penalty for each wilful violation of not more than the maximum civil penalty, but not less than the […]
23-418.01. Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers’ compensation; payment to employee; enforcement A. An additional penalty of twenty-five thousand dollars shall be assessed by the commission against an employer who is assessed a penalty under section 23-418, subsection A for each employee injury resulting in […]
23-419. Imminent dangers A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such […]
