HB 2209 — industrial commission of Arizona; continuation

HouseSenate Engrossed House Bill industrial commission of Arizona;

continuation State(now: of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HOUSE BILL 2209 AN ACT AMENDING SECTIONS 23-108.03 AND 23-408, ARIZONA REVISED STATUTES;

REPEALINGindustrial SECTIONcommission 41-3024.20,of ARIZONAArizona; REVISED STATUTES;

AMENDINGcontinuations) TITLEState 41,of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session CHAPTER 27,205 ARTICLEHOUSE 2,BILL ARIZONA2209 REVISEDAN STATUTES,ACT BYAMENDING ADDINGSECTIONS SECTION23-108.03 41-3027.09;AND 23-408, ARIZONA REVISED STATUTES;

RELATINGREPEALING TOSECTIONS THE41-3024.17, INDUSTRIAL41-3024.18, COMMISSION41-3024.19 OFAND ARIZONA.41-3024.20, ARIZONA REVISED STATUTES;

AMENDING TITLE 41, CHAPTER 27, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 41-3028.15, 41-3032.17, 41-3032.18 AND 41-3032.19;

RELATING TO LABOR.

Performance of certain powers and duties;duties A.

definitionThe A.industrial commission OF ARIZONA shall be responsible for determining the policy of the commission.

The industrial commission shall be responsible for determining the policy of the commission.

STATE LABOR DEPARTMENT DETERMINATIONS, PENALTIES AND FINES FOR LABOR VIOLATIONS SHALL BE CONSIDERED, AUTHORIZED AND DETERMINED BY A SUPERMAJORITY VOTE OF THE COMMISSIONERS.

THE COMMISSIONERS SHALL CONSIDER WHETHER A VIOLATION CONTINUES AFTER THE EMPLOYER’SEMPLOYER'S COURSE OF CONDUCT HAS CEASED.

E.FOR THE PURPOSES OF THIS SUBSECTION, "LABOR DEPARTMENT" MEANS THE LABOR DEPARTMENT OF THE INDUSTRIAL COMMISSION OF ARIZONA.

FOR THE PURPOSES OF THIS SECTION, "SUPERMAJORITY" MEANS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF COMMISSIONERS PRESENT AND VOTING.

-B. 1 - H.B.

2209 B.

Witnesses- shall1 be- paidH.B. the same fees and mileage paid to witnesses in the courts of this state.

2209 Witnesses shall be paid the same fees and mileage paid to witnesses in the courts of this state.

THE DIRECTOR MAY NOT ALLOW ANY INDIVIDUAL TO ACCOMPANY ANA INSPECTORCOMPLIANCE SAFETY AND HEALTH OFFICER WHEN CONDUCTING INSPECTIONS FOR THE INDUSTRIAL COMMISSION OF ARIZONA PURSUANT TO THIS SECTION UNLESS THE INDIVIDUAL IS ANY OF THE FOLLOWING:

THE AUTHORIZED EMPLOYEE REPRESENTATIVE,REPRESENTATIVE. WHICH IS DEFINED TO BE THE AGENT OF A LABOR ORGANIZATION THAT HAS A COLLECTIVE BARGAINING RELATIONSHIP WITH THE EMPLOYER THAT REPRESENTS EMPLOYEES WHO ARE MEMBERS OF THE COLLECTIVE BARGAINING UNIT.

FOR THE PURPOSES OF THIS PARAGRAPH, "AUTHORIZED EMPLOYEE REPRESENTATIVE" MEANS AN AGENT OF A LABOR ORGANIZATION THAT HAS A COLLECTIVE BARGAINING RELATIONSHIP WITH THE EMPLOYER WHO REPRESENTS EMPLOYEES WHO ARE MEMBERS OF THE COLLECTIVE BARGAINING UNIT.

OTHERWISEA THIRD PARTY WHO IS REQUIRED BY LAW TO BEACCOMPANY PRESENT,THE PROVIDEDCOMPLIANCE SAFETY AND HEALTH OFFICER TO ENSURE THAT THE EMPLOYERSTATE HASPLAN THEIS RIGHTAT TOLEAST REQUIREAS EFFECTIVE AS THE FOLLOWINGSTANDARDS CONDITIONS:OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (P.L.

(a)91-596; THAT NO MORE THAN ONE SUCH INDIVIDUAL BE PRESENT.

84 STAT.

1590).

5.

OTHERWISE REQUIRED BY LAW TO BE PRESENT.

2209 (b)G. THAT THE INDIVIDUAL POSSESS AND USE PERSONAL PROTECTIVE EQUIPMENT AND OTHER SAFETY EQUIPMENT APPLICABLE TO THE PLACE OF EMPLOYMENT TO BE INSPECTED.

(c)THE THATEMPLOYER MAY REQUIRE THE INDIVIDUALFOLLOWING HASCONDITIONS ALREADYFOR BEENA TRAINEDTHIRD ONPARTY ANYWHO ACCOMPANIES A COMPLIANCE SAFETY REQUIREMENTSAND APPLICABLEHEALTH TOOFFICER THEDURING PLACEAN OFINSPECTION EMPLOYMENTPURSUANT TO BESUBSECTION INSPECTED.F OF THIS SECTION:

(d)1. THAT THE INDIVIDUAL HAS WORKERS COMPENSATION INSURANCE COVERAGE THAT NAMES THE EMPLOYER AS AN ADDITIONAL INSURED.

(e) THAT THENOT INDIVIDUALMORE EXECUTETHAN AONE CONTRACTINDIVIDUAL TOBE PROHIBITPRESENT THEUNLESS DISCLOSUREOTHERWISE OFREQUIRED ANYBY TRADELAW. SECRETS OR CONFIDENTIAL, PROPRIETARY INFORMATION OF THE EMPLOYER THAT THE PERSON MAY ACQUIRE AS A RESULT OF THE INSPECTION.

2.

THAT THE INDIVIDUAL FOLLOW ALL WORKPLACE SAFETY RULES REGARDING PERSONAL PROTECTIVE EQUIPMENT APPLICABLE TO ALL VISITORS FOR THE WORKPLACE.

3.

THAT THE INDIVIDUAL IS REQUIRED TO COMPLETE ANY SAFETY TRAININGS APPLICABLE TO ALL VISITORS OF THE WORKPLACE.

4.

THAT THE INDIVIDUAL SIGN A CONFIDENTIALITY AGREEMENT WITH RESPECT TO THE USE OF CONFIDENTIAL INFORMATION THAT IS LEARNED DURING THE INSPECTION THAT HAS THE SAME TERMS AS REQUIRED FOR OTHER VISITORS.

5.

THAT NONEMPLOYEES, OTHER THAN THE COMPLIANCE SAFETY AND HEALTH OFFICER, ARE PROHIBITED FROM ENTERING AREAS THAT CONTAIN TRADE SECRETS.

THE COMPLIANCE SAFETY AND HEALTH OFFICER MAY CONSULT WITH A REASONABLE NUMBER OF EMPLOYEES WHO WORK IN THE IDENTIFIED TRADE SECRET AREA ON MATTERS OF SAFETY AND HEALTH, EVEN IF THOSE EMPLOYEES ARE NOT JOINING THE INSPECTION.