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.
15. "Workplace" means a location or site wherein work, either temporary or
permanent, is being conducted in connection with an industry, trade or business.
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