Second Regular Session S.B. 1500
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1500
(Reference to printed bill)
Page 2, between lines 28 and 29, insert:
“Sec. 5. Section 23-401, Arizona Revised Statutes, is amended to read:
23-401. Definitions
In this article, unless the context otherwise requires:
1. "Board" means a review board established pursuant to section 23‑422.
2. "Commission" means the industrial commission of Arizona.
3. "De minimis violation" means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health.
4. "Director" means the director of the division.
5. "Division" means the division of occupational safety and health within the commission.
6. "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.
7. "Employer" means any individual or type of organization, including the state and all its political subdivisions, which 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.
8. "Interested party" means the commission and its agents, the employer and the affected employees of such employer.
9. "Non‑serious violation" means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or regulation and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice.
10. "Recognized hazard" means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry.
11. "Regulation" means any written regulation of occupational safety and health governing places of employment formulated pursuant to section 23‑410, exclusive of standards, and shall have the same meaning as and include the term "rule".
12. "Serious violation" means a condition or practice in a place of employment which violates a standard, regulation or section 23‑403, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice.
13. "Standard" means any occupational safety and health standard which has been adopted and promulgated by a nationally recognized standards‑producing organization or the federal government and shall have the same meaning as, and include the term "code".
14. "Trade secret" means a plan or process, tool, mechanism, or compound not patented, known only to its owner and those of his employees to whom it is necessary to confide it, or other information that the employer treats as confidential and has a reasonable basis for doing so.
15. "Workplace" means a location or site wherein work, either temporary or permanent, is being conducted in connection with an industry, trade or business.”
Renumber to conform
Page 3, line 26, after the period insert “the decisions of the office of administrative hearings shall be subject to appeal to the review board established pursuant to this article.”
Page 5, line 38, strike “or does not need to”
Page 5, line 44, after “recording” insert “or obtain a written statement from a person without informing the person of the person’s right to receive a copy of the written statement”
Page 14, line 27, strike “Complaints and disputes regarding” insert “Misrepresentations by”
Line 29, after the period strike remainder of line
Strike lines 30 through 36, insert “Every employment agent shall reasonably ensure that any representations whatever, whether spoken, written or advertised in printed form, which the employment agent makes with regard to any employment, work or situation, and that lead or may lead persons to seek such employment, work or situation, are true and cover all the material facts affecting the employment in question. Failure to comply with this section is an unlawful practice pursuant to section 44-1522.”
Reletter to conform
Amend title to conform