Sections
Article 1 In General 23-201 – 23-206
Article 2 Employment of Unauthorized Aliens 23-211 – 23-216
Article 3 Youth Employment 23-230 – 23-242
Article 5 Hours of Labor 23-281 – 23-287
Article 6 Minimum Wages for Minors 23-311 – 23-329
Article 6.1 Equal Wages 23-340 – 23-341
Article 7 Payment of Wages 23-350 – 23-362
Article 8 Minimum Wage and Employee Benefits 23-362; Version 2 – 23-365
Article 8.1 Earned Paid Sick Time 23-371 – 23-381
Article 9 Wages and Hours of Public Employees 23-391 – 23-392
Article 10 Division of Occupational Safety and Health 23-401 – 23-433
Article 11 Safety Conditions for Boilers, Pressure Vessels and Lined Hot Water Heaters 23-471 – 23-488
Article 12 Safety Conditions for Elevators and Similar Conveyances 23-491 – 23-491.16
Article 14 Drug Testing of Employees 23-493 – 23-493.12
Article 15 Noncompete Clauses 23-494
Article 16 Voluntary Veterans’ Preference Employment Policy 23-495 – 23-495.01

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Terms Used In Arizona Laws > Title 23 > Chapter 2 - Employment Practices and Working Conditions

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advance fee: means a fee, interest or other consideration directly or indirectly received by a person prior to a loan of money or extension of credit or a commitment to loan money or extend credit being made by the person. See Arizona Laws 6-1301
  • Advance fee loan broker: means a person who is not exempt under section 6-1302 and who for an advance fee or in the expectation of an advance fee either directly or indirectly makes or procures, attempts to make or procure or offers to make or procure or attempt to make or procure a loan of money or extension of credit. See Arizona Laws 6-1301
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state. See Arizona Laws 23-211
  • Alcohol: means ethanol, isopropanol or methanol. See Arizona Laws 23-493
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized representative: means the boiler chief and boiler inspector employed by the division. See Arizona Laws 23-471
  • Authorized representative: means the elevator chief and elevator inspector employed by the division. See Arizona Laws 23-491
  • Automatic elevator: means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic. See Arizona Laws 23-230
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Board: means a review board established pursuant to section 23-422. See Arizona Laws 23-401
  • Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor is generated or steam or vapor is superheated, or any combination thereof, under pressure or vacuum for a use that is external to itself, by the direct application of heat from the combustion of fuels or from electricity. See Arizona Laws 23-471
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Branch office: means any place of business maintained by a licensee in addition to the principal place of business of a licensee. See Arizona Laws 6-1401
  • Certificate: means a certificate of competency. See Arizona Laws 23-471
  • Certificate: means a certificate of inspection issued by the division. See Arizona Laws 23-491
  • Certificate inspection: means an internal inspection, when construction permits, otherwise it means as complete an inspection as possible. See Arizona Laws 23-471
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-311
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-340
  • Commission: means the industrial commission of Arizona, any successor agency, or such other agency as the governor shall designate to implement this article. See Arizona Laws 23-362; Version 2
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-401
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-471
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-491
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement. See Arizona Laws 23-230
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conveyance: means an elevator, dumbwaiter, escalator, moving walk, manlift, personnel hoist, material hoist, stage lift and special purpose personnel elevator, excluding conveyances located at mines and subject to regulation and inspection by the state mine inspector pursuant to Title 27, Chapter 3. See Arizona Laws 23-491
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Current use of any drug: means drug use that has occurred recently enough to justify an employer's reasonable belief that involvement with drugs is ongoing. See Arizona Laws 23-493
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of insurance and financial institutions. See Arizona Laws 6-101
  • Department: means the labor department of the industrial commission of Arizona. See Arizona Laws 23-350
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
  • Director: means the director of the division. See Arizona Laws 23-401
  • Director: means the director of the division of occupational safety and health. See Arizona Laws 23-471
  • Director: means the director of the division of occupational safety and health. See Arizona Laws 23-491
  • Directory order: means a temporary order which becomes mandatory as provided in this article. See Arizona Laws 23-311
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the division of occupational safety and health within the commission. See Arizona Laws 23-401
  • Division: means the division of occupational safety and health of the commission. See Arizona Laws 23-471
  • Division: means the division of occupational safety and health of the industrial commission. See Arizona Laws 23-491
  • Docket: A log containing brief entries of court proceedings.
  • Drugs: means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P. See Arizona Laws 23-493
  • Dumbwaiter: means a hoisting and lowering mechanism with a car of limited capacity and size that moves in guides in a substantially vertical direction and that is used exclusively for carrying material. See Arizona Laws 23-491
  • E-verify program: means the employment verification program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs. See Arizona Laws 23-211
  • Elevator: means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in substantially vertical direction and that serves two or more floors of a building or structure. See Arizona Laws 23-491
  • Elevator: means a power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. See Arizona Laws 23-230
  • Elevator company: means a person that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining conveyances. See Arizona Laws 23-491
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employ: means hiring an employee after December 31, 2007. See Arizona Laws 23-211
  • Employee: means any person in the service of an employer. See Arizona Laws 23-493
  • Employee: means every minor in receipt of or entitled to compensation for labor performed for any employer. See Arizona Laws 23-311
  • Employee: means every woman or man in receipt of or entitled to compensation for labor performed for any employer. See Arizona Laws 23-340
  • Employee: means any person who performs services for an employer under a contract of employment either made in this state or to be performed wholly or partly within this state. See Arizona Laws 23-350
  • Employee: means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer's home on a casual basis. See Arizona Laws 23-362; Version 2
  • Employee: means any person performing services for an employer, including any person defined as an employee pursuant to section 23-901, except employees engaged in household domestic labor. See Arizona Laws 23-401
  • Employer: means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to Title 48, Chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Arizona Laws 23-493
  • Employer: means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. See Arizona Laws 23-211
  • Employer: means every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any minor employed at any labor, or responsible directly or indirectly for the wages of another. See Arizona Laws 23-311
  • Employer: means this state and any political subdivision of this state which receives state tax monies and every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any woman or man employed at any labor, or responsible directly or indirectly for the wages of another. See Arizona Laws 23-340
  • Employer: means any individual, partnership, association, joint stock company, trust or corporation, the administrator or executor of the estate of a deceased individual or the receiver, trustee or successor of any of such persons employing any person. See Arizona Laws 23-350
  • Employer: includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States, or a small business. See Arizona Laws 23-362; Version 2
  • Employer: means any individual or type of organization, including this state and all political subdivisions of this state, that has in its employ one or more individuals performing services for it in employment and includes self-employed persons, but does not include employers of household domestic labor. See Arizona Laws 23-401
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escalator: means a power driven, inclined, continuous stairway used for raising or lowering passengers. See Arizona Laws 23-491
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair wage: means a wage both fairly and reasonably commensurate with the value of the service or class of service rendered, and sufficient to meet the minimum cost of living necessary for health. See Arizona Laws 23-311
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means reasonable reliance on fact, or that which is held out to be factual, without the intent to deceive or be deceived and without reckless or malicious disregard for the truth. See Arizona Laws 23-493
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous agricultural chemicals: means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended. See Arizona Laws 23-230
  • Impairment: means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol. See Arizona Laws 23-493
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Independent contractor: means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. See Arizona Laws 23-211
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insured: means any person covered under an insurance contract or other evidence of insurance coverage subject to regulation under title 20. See Arizona Laws 6-1401
  • Interested party: means the commission and its agents and the owner or operator who has been issued a correction order. See Arizona Laws 23-491
  • Interested party: means the commission and the commission's agents, the employer and the affected employees of such employer. See Arizona Laws 23-401
  • Interested party: means the commission, agents of the commission and any owner or operator who has been issued a notice of violation. See Arizona Laws 23-471
  • Knowingly employ an unauthorized alien: means the actions described in 8 United States Code § 1324a. See Arizona Laws 23-211
  • Law enforcement officer: means the attorney general, a city attorney, a county attorney or a town attorney. See Arizona Laws 23-362; Version 2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lined hot water heater: means a fired lined water heater with linings providing corrosion resistance for supplying potable hot water for commercial purposes. See Arizona Laws 23-471
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Logging: means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills. See Arizona Laws 23-230
  • Manlift: means a device consisting of a power driven endless belt moving in one direction only and provided with steps or platforms and attached handholds for the transportation of personnel from floor to floor. See Arizona Laws 23-491
  • Manufacturing: means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use. See Arizona Laws 23-230
  • Material hoist: means a hoist for raising and lowering materials only and prohibiting the hoisting of persons. See Arizona Laws 23-491
  • Mine or quarry: means an underground or surface rock or mineral extracting, placer, dredging or bore-hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals. See Arizona Laws 23-230
  • Minimum wage: means the nondiscretionary minimum compensation due an employee by reason of employment, including the employee's commissions, but excluding tips or gratuities. See Arizona Laws 23-350
  • Minor: means a person of either sex under the age of eighteen years. See Arizona Laws 23-311
  • Minor: means a person under eighteen years of age. See Arizona Laws 1-215
  • Model system: means an exemplary and voluntary implemented worker safety and health management system that:

    (a) Exceeds basic compliance with occupational safety and health laws and regulations. See Arizona Laws 23-401

  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Motor vehicle: means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. See Arizona Laws 23-230
  • Moving walk: means a type of passenger carrying device on which passengers stand or walk and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted. See Arizona Laws 23-491
  • negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupation: means any class of work in any industry, trade, business, or branch thereof, in which minors are gainfully employed, but does not include domestic service in the home of an employer or agricultural labor. See Arizona Laws 23-311
  • operator: means an individual or organization including this state and all political subdivisions of this state who has title to, controls or has the duty to control the operation of one or more conveyances, but shall not include an individual or organization engaged in mining or metallurgical operations whose operation is subject to regulation and inspection by the state mine inspector pursuant to Title 27, Chapter 3. See Arizona Laws 23-491
  • operator: means any individual or type of organization, including this state and all political subdivisions of this state, that has title to or controls, or has the duty to control, the operation of one or more boilers, pressure vessels or lined hot water heaters. See Arizona Laws 23-471
  • Oppressive and unreasonable wage: means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. See Arizona Laws 23-311
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Outside helper: means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items. See Arizona Laws 23-230
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payroll card account: means an account that is directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or any other person. See Arizona Laws 23-350
  • Personnel hoist: means a mechanism for use in connection with the construction, alteration, maintenance or demolition of a building, structure or other work, used for hoisting and lowering workers and materials and equipped with a car that moves on guide members during its vertical movement. See Arizona Laws 23-491
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power boiler: means a boiler in which steam or other vapor is generated at a pressure more than fifteen pounds per square inch. See Arizona Laws 23-471
  • Power-driven bakery machine: means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine. See Arizona Laws 23-230
  • Power-driven hoist: means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. See Arizona Laws 23-230
  • Power-driven meat processing machine: means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses. See Arizona Laws 23-230
  • Power-driven paper products machine: means a platen die-cutting press, platen printing press, punch press which involves hand feeding of the machine, arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single or double-lacing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product. See Arizona Laws 23-230
  • Power-driven woodworking machine: means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer. See Arizona Laws 23-230
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premium finance agreement: means a written agreement by which an insured or prospective insured agrees to pay to a premium finance company the amount advanced or to be advanced under the written agreement to an insurance producer in payment of premiums of an insurance contract together with interest or discount and a service charge as authorized and limited by this article. See Arizona Laws 6-1401
  • Premium finance company: means a person engaged in whole or in part in the business of financing insurance premiums, entering into premium finance agreements with insureds or otherwise acquiring premium finance agreements from insurance producers or other premium finance companies. See Arizona Laws 6-1401
  • Pressure vessel: means a container for the containment of pressure, either internal or external. See Arizona Laws 23-471
  • Private elevator inspector: means an individual who is authorized by the commission under Section 23-491. See Arizona Laws 23-491
  • Private employer: means a sole proprietor, corporation, partnership, limited liability company or other entity with one or more employees. See Arizona Laws 23-495
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processing: means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts. See Arizona Laws 23-230
  • Program: means the voluntary protection program or any other program under which the director recognizes and partners with workplaces that have implemented a model system. See Arizona Laws 23-401
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective employee: means any person who has made application to any employer, whether written or oral, to become an employee. See Arizona Laws 23-493
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means ionizing radiation including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays. See Arizona Laws 23-230
  • Recognized hazard: means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry. See Arizona Laws 23-401
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regulation: means any written regulation of occupational safety and health governing places of employment formulated pursuant to section 23-410, exclusive of standards, and shall have the same meaning as and include the term "rule". See Arizona Laws 23-401
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Roofing: means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. See Arizona Laws 23-230
  • Safety-sensitive position: means any job designated by an employer as a safety-sensitive position or any job that includes tasks or duties that the employer in good faith believes could affect the safety or health of the employee performing the task or others, including any of the following:

    (a) Operating a motor vehicle, other vehicle, equipment, machinery or power tools. See Arizona Laws 23-493

  • Sample: means urine, blood, breath, saliva, hair or other substances from the person being tested. See Arizona Laws 23-493
  • Serious violation: means a condition or practice in a place of employment that violates a standard, regulation or section 23-403, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice. See Arizona Laws 23-401
  • Silica refractory products: means items produced from raw materials and containing free silica as their main constituent. See Arizona Laws 23-230
  • Small business: means any corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under Section 206(a) of Title 29 of the United States Code. See Arizona Laws 23-362; Version 2
  • Special purpose personnel elevator: means a passenger, hand powered, counterweighted device or an electric powered device that travels vertically in guides and that serves two or more landings. See Arizona Laws 23-491
  • Stage lift: means a hoisting and lowering mechanism equipped with a platform that moves in guides in a substantially vertical direction and that serves one or more landings. See Arizona Laws 23-491
  • Standard: means any occupational safety and health standard that has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and shall have the same meaning as, and include the term "code". See Arizona Laws 23-401
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trade secret: means a plan or process, tool, mechanism, or compound not patented, known only to its owner and those of the owner's employees to whom it is necessary to confide it, or other information that the employer treats as confidential and has a reasonable basis for doing so. See Arizona Laws 23-401
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized alien: means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code § 1324a(h)(3). See Arizona Laws 23-211
  • Veteran: means a person who served on active duty in the United States armed forces and who was discharged or released under honorable conditions. See Arizona Laws 23-495
  • Wage: means monetary compensation due to an employee by reason of employment, including an employee's commissions, but not tips or gratuities. See Arizona Laws 23-362; Version 2
  • Wage board: means a board created as provided in section 23-314. See Arizona Laws 23-311
  • wages: means any compensation for labor measured by time, piece, or otherwise. See Arizona Laws 23-311
  • wages: means any compensation for labor measured by time, piece, or otherwise. See Arizona Laws 23-340
  • Wages: means nondiscretionary compensation due an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation. See Arizona Laws 23-350
  • Warehousing: means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings. See Arizona Laws 23-230
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Workplace: means a location or site wherein work, either temporary or permanent, is being conducted in connection with an industry, trade or business. See Arizona Laws 23-401
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Writing: includes printing. See Arizona Laws 1-215