Bill Text: AZ HB2160 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: Occupational safety; advisory committee; enforcement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-03-23 - Chapter 78 [HB2160 Detail]
Download: Arizona-2021-HB2160-Chaptered.html
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House Engrossed
occupational safety; advisory committee; enforcement |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 78
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HOUSE BILL 2160 |
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AN ACT
amending sections 23-409 and 23-417, Arizona Revised Statutes; amending section 23-417, Arizona Revised Statutes, as amended by this act; relating to the Division of Occupational Safety and Health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-409, Arizona Revised Statutes, is amended to read:
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 shall also recommend names to be considered by the governor as members of the review board, established pursuant to section 23-422, and The committee may be asked to perform other functions as may be necessary. Such The committee shall be appointed by the commission and shall be composed of a reasonably balanced representation of regulated industries, including agriculture, and labor and other persons knowledgeable in safety and health and shall serve at the will of the commission. The commission may establish other committees as it deems necessary. Such The advisory committees may be paid their reasonable and necessary travel and other expenses in accordance with standard travel regulations.
B. The director shall be an ex officio member of any advisory committee established pursuant to this section.
Sec. 2. Section 23-417, Arizona Revised Statutes, is amended to read:
23-417. Enforcement procedure
A. If the director, following an inspection or investigation, issues a citation pursuant to section 23-415 he shall 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 working days within which to notify the director in writing if he the employer wishes to contest the citation or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that he the employer intends to contest the citation or penalty and no a notice is not filed by any employee or representative of employees pursuant to subsection D of this section within such time, the citation and the assessment, as proposed, shall be a final order of the commission and not subject to review by any court or agency, except that the director may excuse any late notification to contest a citation only if the employer to whom the notice was sent shows by clear and convincing evidence that the notice was not received.
B. The period permitted allowed for correction of a violation shall not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the division has reason to believe an employer has failed to correct a violation for which a citation has been issued within the period permitted allowed, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 23-418 and that the employer has fifteen working days within which to notify the director in writing if he the employer wishes to contest the notification or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that he the employer intends to contest the notice or penalty, the notice and assessment, as proposed, shall be deemed a final order of the commission and not subject to review by any court or agency.
C. Any employer who corrects the violations for which a citation was issued within the period permitted allowed shall so notify the director in writing.
D. Any affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation pursuant to section 23-420 if he the affected employee or employee representative files such the appeal with the director within the abatement period allowed in the citation or within fifteen days from after the date of receipt of the citation, whichever is shorter.
E. Upon On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the commission or its authorized designee, after an opportunity for a hearing as provided in section 23-420, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the commission shall provide affected employees or representatives of affected employees an opportunity to participate as parties to hearings under this subsection.
Sec. 3. Section 23-417, Arizona Revised Statutes, as amended by section 2 of this act, is amended to read:
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 working days within which to notify the director in writing if the employer wishes to contest the citation or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that the employer intends to contest the citation or penalty and a notice is not filed by any employee or representative of employees pursuant to subsection D of this section within such time, the citation and the assessment, as proposed, shall be a final order of the commission and not subject to review by any court or agency, except that the director may excuse any late notification to contest a citation only if the employer to whom the notice was sent shows by clear and convincing evidence that the notice was not received.
B. The period allowed for correction of a violation shall not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the division has reason to believe an employer has failed to correct a violation for which a citation has been issued within the period allowed, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 23-418 and that the employer has fifteen working days within which to notify the director in writing if the employer wishes to contest the notification or proposed assessment of penalty. If the employer fails to notify the director in writing within fifteen working days of receipt of the notice that the employer intends to contest the notice or penalty, the notice and assessment, as proposed, shall be deemed a final order of the commission and not subject to review by any court or agency.
C. Any employer who corrects the violations for which a citation was issued within the period allowed shall so notify the director in writing.
D. Any affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation pursuant to section 23-420 if the affected employee or employee representative files the appeal with the director within the abatement period allowed in the citation or within fifteen days after the date of receipt of the citation, whichever is shorter.
E. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the commission or its authorized designee, after an opportunity for a hearing as provided in section 23-420, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the commission shall provide affected employees or representatives of affected employees an opportunity to participate as parties to hearings under this subsection.
Sec. 4. Conditional enactment; notice
A. Section 23-417, Arizona Revised Statutes, as amended by section 3 of this act, becomes effective only if on or before December 31, 2021, the federal occupational safety and health administration publishes in the federal register pursuant to 29 Code of Federal Regulations section 1902.23 a final decision rendered under 29 Code of Federal Regulations section 1902.22 to reject the changes to this state's occupational safety and health plan prescribed in section 23-417, Arizona Revised Statutes, as amended by section 2 of this act, that results in the exclusion of the changes from this state's federally approved occupational safety and health plan.
B. The director of the industrial commission of Arizona shall notify in writing the director of the Arizona legislative council on or before January 15, 2022 either:
1. Of the date on which the condition in subsection A of this section was met.
2. That the condition was not met.
APPROVED BY THE GOVERNOR MARCH 23, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 23, 2021.
