Arizona: Restrictions on ADOSH Inspections

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APPLIES TO

All Employers with Employees in AZ

EFFECTIVE

September 14, 2024

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Quick Look

  • HB 2209 limits who may be present for an ADOSH inspection.
  • Employers are allowed to require certain conditions during an ADOSH inspection.

Discussion:

HB 2209 implements restrictions on who may be present when an Arizona Division of Occupational Safety and Health (ADOSH) compliance officer is conducting an inspection for the Industrial Commission of Arizona. Specifically, only the following individuals may be present: an employee of the employer being inspected; a safety consultant, attorney, agent, or other person with authorization from the employer; an authorized employee representative; a third party who is required by law to accompany the compliance officer to ensure that the state plan meets the federal Occupational Safety and Health Act requirements; or otherwise required by law to be present.

 

If these permitted attendees are present for an inspection, the employer may require certain conditions: (1) that not more than one person be present unless otherwise required by law; (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; and (5) that nonemployees, other than the compliance officer, are prohibited from entering areas that contain trade secrets.

 

Employers should consult with legal counsel when an ADOSH compliance officer inspection occurs to ensure the proper attendees are present and the necessary restrictions are observed.

 

Action Items

  1. Review the bill here.
  2. Implement an internal procedure for managing ADOSH inspections.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase