Terms Used In Arizona Laws 23-407

  • 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.
  • Board: means a review board established pursuant to section 23-422. See Arizona Laws 23-401
  • Commission: means the industrial commission of Arizona. See Arizona Laws 23-401
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the division of occupational safety and health within the commission. See Arizona Laws 23-401
  • 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 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
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • 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

(L17, Ch. 147, sec. 2)

 

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 procedures and requirements of this article.

3. Implement an occupational safety and health program that includes the following duties and responsibilities:

(a) Development of a statewide occupational safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and occupational health control. 

(b) Development of training programs for employees of the division, and where necessary develop certification programs for recognition of competent, trained personnel.

(c) Planning, organizing, conducting or attending occupational safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employer representatives and establishing liaison with other safety and health groups as may be necessary.

(d) Definition and establishment of necessary research projects.

(e) Arrangement and procurement of necessary contractual services and training aids.

(f) Development of specific occupational safety and health programs for employer and employee representative groups.

4. Develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics.  The division shall compile statistics on work injuries and illnesses that shall include all disabling, serious or significant injuries and illnesses whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion or transfer to another job.

5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the state with regard to occupational safety and health in order to develop a comprehensive statewide program.

6. Contract with the office of administrative hearings to conduct hearings and adjudicate contested cases on an employer filing a notice of contest of a citation, proposed penalty or abatement period pursuant to this article.  The decisions of the office of administrative hearings shall be subject to appeal to the review board established pursuant to this article.