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
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 noteSubsection 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.