|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: COM DPA 10-0-0-0 |3rd Read 31-28-0-0-1Senate: FICO DP 4-3-0-0 | 3rd Read 25-0-5-0-0 |
HB
2209: industrial commission of Arizona; continuation
NOW: industrial commission of Arizona; continuations
Sponsor: Representative Livingston, LD 28
Senate Engrossed
Overview
Prescribes additional responsibilities to the Industrial Commission of Arizona (ICA) relating to violations and inspections. Provides the continuation for specified agencies.
History
Industrial Commission of Arizona
Established in 1925, the ICA is a regulatory agency responsible for labor-related issues regarding occupational safety and health, youth employment laws, resolution of wage related disputes, minimum wage, vocational rehabilitation, and workers’ compensation coverage. The ICA is composed of five members who are appointed by the Governor and confirmed by the Senate. The Director who oversees the daily operations and works with various agency divisions is also appointed by the Governor and confirmed by the Senate. The ICA is a self-supporting agency whose operations and other statutorily mandated functions are funded through an annual assessment on workers' compensation premiums (Title 23, A.R.S.)
Boiler Advisory Board
The Boiler Advisory Board was established in 1977 to assist the Industrial Commission of Arizona (ICA) in the drafting standards and regulations related to boilers, lined hot water heaters and pressure vessels. The five ICA-appointed members of the Boiler Advisory Board consists of one member who represents the boiler, pressure vessel or lined hot water heater manufacturer industry, one member who represents a public utility, one member who represents a public utility, one member who is an owner or operator of a boiler, pressure vessel or lined hot water heater and one member who is a licensed contractor (A.R.S. § 23-486).
Occupational Safety and Health Advisory Committee
The Advisory Committee was
established in 1972 to provide recommendations and assistance to the Industrial
Commission of Arizona (ICA) in the drafting of standards and regulations. The
Advisory Committee consists of a reasonably balanced representation of person
knowledgeable in safety and health appointed by the ICA. The number of members
on the Advisory Committee is not specified by statute so long as it is a
reasonably balanced representation of industries, including agriculture, labor
and persons knowledgeable in safety and health. Statute requires the Director
of the Division of Occupational Safety and Health serve as an
"ex-officio" non-voting member (A.R.S. § 23-409).
Occupational Safety and Health Review Board
The Review Board is established within the Industrial Commission of Arizona to hear and rule on appeals of administrative law judge decisions generated under the Division of Occupational Safety and Health. The Review Board consists of five members who are appointed by the Governor and who by reason of training, education or experience are qualified to carry out the powers and duties of the Review Board (A.R.S. § 23-422).
Provisions
1. Includes a requirement for the determinations, penalties and fines for labor violations to be considered, authorized and determined by an affirmative vote of two-thirds of commissioners present and voting. (Sec. 1)
2. Instructs the commissioners to consider whether a violation continues after the employer's course of conduct has ceased. (Sec. 1)
3. Prohibits the Director from allowing any individual to accompany an inspector when conducting inspections for the ICA unless the individual meets specified criteria. (Sec. 2)
4. Requires the Joint Legislative Audit Committee (JLAC) to review any Arizona Division of Occupational Safety and Health state plan proposal or proposed adoption by the ICA prior to the proposal or proposed adoption is submtited to the U.S. Occupational Safety and Health Administration (OHSA). (Sec. 2)
5. Continues, retroactive to July 1, 2024, the ICA for three years until July 1, 2027. (Sec. 3, 4, 7)
6. Repeals the ICA governing statutes on January 1, 2028. (Sec. 4)
7. Includes a purpose statement. (Sec. 5)
8. Adds a Legislative Intent clause. (Sec. 6)
Senate Amendments
1. Changes the voting requirement threshold relating to labor violations to a vote of commissioners, rather than a supermajority vote.
2. Replaces the term inspector with the compliance safety and health officer for the purposes of provisions relating to workplace inspections.
3. Adds an exception to the prohibition relating to workplace inspections for the purposes of allowing third parties who meet certain requirements to accompany a compliance safety and health officer when conducting workplace inspections.
4. Outlines conditions that an employer may require for a third party who accompanies a compliance safety and health officer during a workplace inspection.
5. Removes the requirement for JLAC to review any State Plan proposal or proposed adoption prior to submittal to OSHA.
6. Requires the ICA, at least 30 days before submittal to OSHA, to submit the State Plan proposal to JLAC who may review and recommend that the ICA amend the plan.
7. Continues the ICA for four years, rather than three years.
8. Continues the Occupational Safety and Health Advisory Committee for eight years.
9. Continues the Occupational Safety and Health Review Board for eight years.
10. Continues the Boiler Advisory Board for eight years.
11.
12.
13. ---------- DOCUMENT FOOTER ---------
14. HB 2209
15. Initials PB Page 0 House Engrossed
16.
17. ---------- DOCUMENT FOOTER ---------