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  3. DUT-AZ-009

Ex. DUT-AZ-009 Standing duty Primary source read

Statute

Penalties; violation; classification

Arizona Legislature (Arizona Revised Statutes, title 23, ch. 2, art. 10) · Arizona (State)

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The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV; OSH Act § 18
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
Character
order penalty
Collection
Standing duties: Arizona DUT-AZ

Operative words

Any employer who wilfully or repeatedly violates the requirements of section 23-403 or any standard or regulation adopted pursuant to section 23-410 or 23-414 or this article may be assessed a civil penalty for each wilful violation... Any employer that knowingly violates the requirements of section 23-403... and that violation causes death to an employee is guilty of a class 6 felony

Penalty

civil penalties at the maxima 'adopted by the United States occupational safety and health administration' for wilful or repeated, serious, nonserious and failure-to-abate violations (per day of continuing failure); class 6 felony (class 5 on a second conviction) for a knowing violation causing death

What it required

Attached civil penalties at the federal OSHA inflation-adjusted maxima, and felony liability for a knowing violation causing death, to the employer's duty under A.R.S. § 23-403.