How does ADOSH decide which establishments to inspect?
ADOSH prioritizes its inspections in the following order:
- Imminent Danger; Fatality/Catastrophe Investigations
- Complaint/Referral Investigations
- Programmed Inspections
For programmed inspections, ADOSH currently focuses the majority of its efforts
toward hazardous industries or those employers who have what appears to be a large
number of workers' compensation claims.
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Can ADOSH target certain employers for frequent inspections?
ADOSH inspections must be targeted in a nonbiased manner. Therefore, we do not target
specific employers for inspection. However, if an inspection is conducted and serious
hazards or deficiencies are noted, ADOSH can target that same employer for a follow
up inspection (or inspections) to verify that the noted deficiencies are corrected
and remain corrected.
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What accidents must be reported to ADOSH?
By law, employers are required to notify ADOSH in the event of a fatality or an
accident that results in the hospitalization of three or more employees. This notification
must be made to ADOSH within 8 hours of the accident. Additionally, employers must
notify ADOSH of any accident where an employee is injured in the operation of a
mechanical power press. This notification must be made within 30 days of the accident.
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Does ADOSH inspect all workplace accidents?
No, not all accidents are inspected. ADOSH inspects those accidents which are required
to be reported under the above requirements. In addition, ADOSH inspects accidents
which may not fall under the reporting requirements, but which are within an area
of emphasis, such as fall and trenching related accidents. ADOSH may also inspect
other accidents, depending upon the nature, severity and/or public interest.
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Does ADOSH give the employer prior notice of an inspection?
No. Arizona State law prohibits giving advanced notice of an inspection, except
for unique situations which are approved by the Director.
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Why can't ADOSH inspect more workplaces?
In a word, resources. A compliance officer can only conduct so many inspections
during a given period. If we had more compliance officers, we could conduct more
inspections and that would make everyone happy. OK, maybe not quite everyone.
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Does ADOSH issue warnings in lieu of violations for first time offenders?
There currently is no provision for issuing a "warning" instead of a citation for
violations of Arizona's Occupational Safety and Health Act.
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What happens to the penalties collected from citations?
All monies collected from assessed penalties go into the State’s General Fund.
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I've heard that ADOSH shut down an employer's business. Can you do that?
Contrary to popular rumor, ADOSH does not have the authority to shut down or seize
a business, nor would we want such authority. All we want is for employers to provide
a safe and healthful workplace for employees.
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Who can file a complaint with ADOSH?
Anyone can file a complaint with ADOSH regarding unsafe working conditions. A complainant
may choose to remain anonymous, if so desired.
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What happens to my complaint once it has been filed?
Once a complaint is filed with ADOSH, it is first reviewed by the appropriate supervisor
to determine if it is a valid complaint, the seriousness of the alleged hazard and
the appropriate action to be taken. Valid complaints may be handled in one of two
ways. First, the complaint may be assigned to an inspector for an actual on-site
inspection. Second, the complaint may be handled by sending a letter to the employer,
along with a description of the complaint items and a request that the employer
respond to ADOSH, stating what action was taken to correct any hazards found. In
either case, ADOSH will send a written response to the complainant regarding the
action taken and the results.
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I’ve received a citation as a result of an inspection. What do I need to do and what
are my rights?
There are several things you should keep in mind in the event that you receive citations.
First, you must post a copy of the citation where the violation occurred. If this
is not practical, then you must post it somewhere where it will be visible to all
affected employees. Second, if you disagree with the citation or any proposed penalties,
you have the right to contest them. To do so, you must contact ADOSH within 15 working
days after receiving the citation(s) and provide written notice of your intent to
contest. You may also request an informal conference with the supervisor to discuss
the citation/penalties. This conference must be held within the same 15-day period.
You also have the right to present the case before an Administrative Law Judge,
if you do not agree with the outcome of the informal conference.
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How do I obtain a copy of an inspection report?
You may view and/or obtain a copy of an inspection report by contacting us at either
(602) 542-5795 or toll-free at (855) 268-5251 or (520) 628-5478. Please note that an inspection record
can only be made public after citations are issued or the file is closed. There
is a nominal fee for copies of records.
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What discriminatory actions does ADOSH investigate?
Employees who believe that they have been discriminated against because they have
engaged in protected activity may file complaints with ADOSH for investigation.
Protected activity generally includes the filing of a complaint with ADOSH or another
agency which regulates employee safety matters, or the voicing of a safety and health
complaint to such an agency or to management. If an employee wishes to file a discrimination
complaint with ADOSH, the employee must submit the written complaint within 30 calendar
days of the alleged discriminatory action to ADOSH.
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How long do I have to file a discrimination complaint if I feel I've been discriminated
against for participating in safety and health activities?
If you wish to file a discrimination complaint with ADOSH, it must be received by
ADOSH within 30 calendar days folowing the discriminatory action.
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If a consultant visits our workplace, do the compliance officers get to see the consultant's
report?
Compliance officers are prohibited from accessing information obtained by consultants.
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What is the difference between consultation and compliance?
- Compliance officers show up to conduct an inspection unannounced; consultants conduct
surveys at a date and time scheduled with the employer in advance.
- If violations of the occupational safety and health standards are noted during a
compliance inspection, citations and possible penalties will be issued; no citations
or penalties are issued as a result of a consultation survey. Rather, a report detailing
the consultants' findings is provided to the employer.
- A consultation survey is conducted at no cost to the employer (other than costs
associated with correcting identified hazards). A compliance inspection can potentially
"cost" an employer in terms of assessed penalties and the inconvenience of having
an unannounced inspection.
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If we utilize ADOSH's consultation services, will that result in our being targeted
for inspection?
Absolutely NOT!
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If we sign up for the free training that ADOSH provides will that target us for inspection?
We have better ways of finding you and targeting you for inspection without resorting
to our training sign-up sheets. Seriously, we would never do that!
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How can I be added to the mailing list to receive ADOSH's quarterly newsletter, the
ADOSH Advocate?
To receive a hard copy of the ADOSH Advocate, simply send an e-mail to comments.adosh@dol.gov. Include your
name, employer name (if appropriate), and mailing address. Current and back issues
of Advocate are also posted on this website
here.
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If I sign up to receive ADOSH's quarterly newsletter, the ADOSH Advocate,
will I be targeted for an inspection?
Good grief! You must really be worried! No, ADOSH will not target you for inspection
simply for requesting our services, including signing up for our newsletter. We
put a lot of effort into the newsletter and print about 5000 copies each quarter.
If receiving it increased the odds for inspection, no one would want it, and then
we'd be left with 5000 newsletters and no one to give them to.
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Are ADOSH standards the same as federal OSHA standards?
Yes. Arizona enforces the federal OSHA standards at 29 CFR, parts 1910 (General
Industry), 1926 (Construction) and 1928 (Agriculture). In addition, there are a
few requirements that are unique to Arizona, including prohibition on the use of
the short-handled hoe in agriculture work and the use of PVC pipe to transport compressed
gasses, including air.
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Who is required to maintain injury and illness records (an OSHA 300 log)?
In general, all employers with more than 10 employees must maintain the OSHA 300
log. There are some exceptions to this rule, which our consultants would be happy
to clarify for you.
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What is the Voluntary Protection Program (VPP) and how does it work?
We have some summary information regarding VPP
here on this website. Please take a moment to view it and give us a call
if you have further interest in this program.
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We encourage you to send your comments and questions regarding ADOSH to:
comments.adosh@dol.gov
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