Title 23 — Labor

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.

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 occupational…

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 appointed…

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 co…

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 employees and investi…

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 sh…

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 throug…

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 requirem…

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 shal…

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.

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 dan…

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 pa…

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 commis…

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 pursuan…

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, …

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 permanent disability or death if the commission finds all of the fol…

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 immediate…

A. Subject to section 23-417, an interested party may request a hearing. B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and including the requesting party's address and e-mail address, stating that a hearing is desired, and maile…

A. On the conclusion of any hearing, or before the conclusion of any hearing with concurrence of the parties, the administrative law judge shall promptly and not later than thirty days after the matter is submitted for decision decide the matter in accordance with the administrat…

A. A review board is established within the commission to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members who are appointed by the governor and who by reason of training, education or experience are…

A. A request for review to the review board shall be filed with the commission within fifteen days after the date the decision was mailed or e-mailed to the parties and copies of the request shall be mailed to all other parties to the proceeding before the administrative law judg…

A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this article or has testified or is about to testify in any such proceeding or…

All information reported to or likewise obtained by the commission or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret shall be considered confidential for the purpose of this article, ex…

A. Each employer shall make, keep and preserve, and make available to the commission such records regarding his activities relating to this article as the commission may prescribe by regulations as necessary or appropriate for the enforcement of this article or for developing inf…

A. The office of the chief counsel of the industrial commission of Arizona may appear for and represent the commission or the director or his authorized representative in any civil litigation brought under this article. B. In any criminal proceeding initiated under this article, …

Notwithstanding the provisions of section 32-261, any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any administrative law judge or review board under this article.

A. Nothing in this article shall prevent any county, city or other political subdivision of the state or any court from asserting jurisdiction over any occupational safety or health issue with respect to which no standard or regulation is in effect under section 23-410 or 23-414.…

The commission may establish requirements and standards of competency for individuals involved in inspecting, constructing, relocating, altering, dismantling, maintaining or repairing elevators, dumbwaiters, escalators, moving walks, boilers and pressure vessels.

A. The division shall adopt definitions, regulations and standards necessary for the operation of the program in a manner that will promote safe and healthy workplaces throughout this state. Standards for the program shall include the following requirements for participation: 1. …

A. The division shall develop a consulting program utilizing visits to the workplace of employers to provide consultation and advice to such employers. Such visits: 1. May be conducted only upon request by an employer for consultation and advice on the interpretation or applicabi…

In this article, unless the context otherwise requires: 1. "Authorized representative" means the boiler chief and boiler inspector employed by the division. 2. "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam or vapor i…

The division shall administer the provisions of this article.

Every owner or operator of any boiler, pressure vessel or lined hot water heater shall: 1. Furnish, maintain and provide safe and adequate boilers, pressure vessels or lined hot water heaters. 2. Comply with all standards and regulations issued pursuant to this article.

1. Administer this article through the division of occupational safety and health. 2. Adopt standards and regulations pursuant to section 23-475 and adopt other rules as are necessary. 3. Exercise other powers as are necessary to carry out the duties and requirements of this arti…

1. Certify special inspectors as provided in section 23-485. 2. Inspect boilers, pressure vessels and lined hot water heaters under this article, except that beginning on July 1, 2017 the division may not inspect boilers, pressure vessels and lined hot water heaters. 3. Establish…

A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigation throug…

A. Any person may make a request for an investigation by the division into alleged violations of section 23-473 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be reduced to writing, set forth with reason…

A. If the division, following an inspection or investigation determines that there is reasonable cause to believe that there exists a violation of a standard or regulation the division shall issue a notice of violation directing any repairs, improvements, changes or additions nec…

A. Any interested party may request a hearing before the commission to contest the notice of violation issued pursuant to this article. B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party's address. The request …

A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for decision, determine the matter and make a decision in accordance with his determinat…

A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the…

A. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order, which the commission shall grant if it finds the extension neces…

A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-481 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision, order or decision upon review. B. The petition for special ac…

Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement of licensing, safety or police regulation authorized by local ordinance or state law if, upon determination by th…

A. The division, on the request of any company that has received a certificate of accreditation from either the national board of boiler and pressure vessel inspectors or the American society of mechanical engineers as an authorized inspection agency or an owner-user inspection o…

1. One member who represents the boiler, pressure vessel or lined hot water heater manufacturer industry. 2. One member who represents a public utility. 3. One member who represents the insurance industry. 4. One member who is an owner or operator of a boiler, pressure vessel or …

This article shall apply to any political subdivisions of this state except those political subdivisions having boiler inspection regulations equal to those of this state at the time this article becomes effective.

A. The division may enter into agreements to provide inspection services during the manufacture, assembly, erection, or repair of boilers, pressure vessels, lined hot water heaters or any appurtenant components to such boilers, pressure vessels or heaters whenever such inspection…

In this article, unless the context otherwise requires: 1. "Authorized representative" means the elevator chief and elevator inspector employed by the division. 2. "Certificate" means a certificate of inspection issued by the division. 3. "Commission" means the industrial commiss…

The division shall administer the provisions of this article.