Title 3 — Agriculture

In this article, unless the context otherwise requires: 1. "Assistant director" means the assistant director of the office of agricultural safety in the Arizona department of agriculture. 2. "De minimis violation" means a condition or practice which, although undesirable, has no …

The scope of this chapter is to regulate the safety and health of workers exposed to pesticides and any other safety and health issue not covered by the industrial commission by title 23, chapter 2, article 10 or any responsibilities required under the approved plan of the indust…

The director shall appoint a person as assistant director for the office of agricultural safety who, at the time of appointment: 1. Has been employed in the agricultural safety or health profession for at least two years and is currently engaged in the broad practice of safety or…

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 agricultural safety and …

The assistant director shall: 1. Administer this chapter. 2. Cooperate with the federal government to establish and maintain an agricultural safety and health program. 3. Propose to the director for adoption by the department standards and rules pursuant to section 3-3106, 3-3108…

The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix, load, apply, store or otherwise handle pesticides for agricultural uses and for employees who are exposed to residues of these pesticides after application or pers…

A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable …

A. Safety and health standards and rules shall be formulated in the following manner: 1. The assistant director shall either propose adoption of national consensus standards or federal standards or draft such rules as he considers necessary after conducting sufficient investigati…

A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful o…

A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the dir…

A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer or trainer wilfully and repeatedly violates the standard or rule, in which case the assistant director may refer the matter to t…

A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed pursuant t…

A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article may be assessed a civil penalty of not more than ten thousand dollars for each…

A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if th…

A. The superior court has jurisdiction on filing of a verified complaint by the director 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 o…

Notwithstanding any law to the contrary, neither the director nor his authorized representative is subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department if he is acting in a reasonable manner, considering the acti…

The prohibitions, rights, remedies and procedures prescribed pursuant to section 23-425 apply to agricultural employment.

All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret is considered confidential for the purpose of this article, except that the i…

Any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any hearing officer under this article, regardless of the person's membership in the state bar.

The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the same fees and mileage paid witnesses in the courts of this state. If any person fails or refuses to obey such an order, the director…

A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers. The visits: 1. May be conducted only on request by an employer for education and advice on th…

A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as provided by section 3-3105. B. The assistant director may recommend to the director for the adoption of rules rela…