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Ex. DUT-AZ-008 Standing duty Primary source read

Statute

Employer's duty

Arizona Legislature (Arizona Revised Statutes, title 23, ch. 2, art. 10, Arizona Occupational Safety and Health Act) · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV; OSH Act of 1970 § 18, 29 U.S.C. § 667 (Arizona State Plan, administered by the Industrial Commission of Arizona through ADOSH)
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in Arizona subject to the State Plan)
Character
workplace duty
Collection
Standing duties: Arizona DUT-AZ

Operative words

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 occupational safety and health standards and all regulations and orders issued pursuant to this article.

Penalty

Civil penalties at the federal OSHA maxima for wilful, repeated, serious, nonserious and failure-to-abate violations; a knowing violation causing an employee's death is a class 6 felony (A.R.S. § 23-418, Ex. DUT-AZ-009)

What it required

Bound every Arizona employer to furnish a workplace free from recognized hazards likely to cause death or serious physical harm and to comply with every standard, regulation and order under the Act.

Retrieval note

Subsection C provides that a condition 'common within an industry is not deemed a recognized hazard unless a standard or regulation concerning the condition or practice has been developed'; the executive orders supplied that standard for COVID-19 by requiring every employer's policies to adopt 'guidance from the CDC, Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS' (EO 2020-36 para. 5, Ex. AZ-019; EO 2020-40 para. 3, Ex. AZ-020; EO 2021-05, Ex. AZ-036), and subsection B independently binds employers to 'all regulations and orders.' Arizona did not adopt a COVID-19 emergency workplace standard of its own during the six quarters; ADOSH enforced the federal standards (29 C.F.R. pts. 1904, 1910) and the Industrial Commission published COVID-19 FAQs (Mar. 17, 2020) and a substantive policy statement, neither of which was retrievable (azica.gov returns 403 and the Wayback Machine holds no capture); see caveats.