Rulemaking Activity

Legal Division

Rulemaking Activity

Gaetano Testini, Chief Legal Counsel
Phoenix: 800 W Washington St, Phoenix AZ 85007
Phone: (602) 542-5781
FAX: (602) 544-6783

Click for Phone List of ICA Divisions


Industrial Commission of Arizona Rulemaking Activity

 

2022 Regulatory agenda

 

ARTICLE 1. WORKERS’ COMPENSATION PRACTICE AND PROCEDURE
Description: 
The Commission may engage in rulemaking to modernize and update Article 1.
Activity: 
Pending
ARTICLE 4. ARIZONA BOILERS AND LINED HOT WATER HEATERS
Description:
The Commission may engage in rulemaking to adopt updated national boiler standards.
Activity: 
Pending
ARTICLE 5. ELEVATOR SAFETY
Description:
The Commission may engage in rulemaking to adopt updated national standards and address inconsistencies in the current rules.
Activity:
Pending
ARTICLE 6. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Description:
The Commission may engage in rulemaking to modernize, update, and make corrections to Article 6.
Activity: 
Pending

ARTICLE 6. OCCUPATIONAL SAFETY AND HEALTH STANDARDS 
R20-5-601. The Federal Occupational Safety and Health Standards for Construction, 29 CFR 1926 
R20-5-602. The Federal Occupational Safety and Health Standards for General Industry, 29 CFR 1910 

Description:
This rulemaking amends R20-5-601 and R20-5-602 to incorporate by reference updates to the federal standard for beryllium in the construction industry and the general industry. The amendment makes Arizona’s beryllium standard consistent with the federal beryllium standard.
Activity:
Notice of Rulemaking Docket Opening (page 531) 
Notice of Proposed Rulemaking (page 487) 
Notice of Termination of Rulemaking (page 1004) 

 

ARTICLE 6. OCCUPATIONAL SAFETY AND HEALTH STANDARDS
R20-5-601. THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION, 29 CFR 1926
R20-5-602. THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR GENERAL INDUSTRY, 29 CFR 1910
R20-5-629. THE OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS, 29 CFR 1904 

Description:
This rulemaking amends R20-5-601 and R20-5-602 to incorporate by reference updates to the federal standard for beryllium in the construction industry and the general industry. The amendment makes Arizona’s beryllium standard consistent with the federal beryllium standard.  Additionally this rulemaking amends R20-5-601 to incorporate by reference updates to the federal standard for cranes and derricks in the construction industry.  The amendment provides specific exemptions and clarifications with regard to the application of the existing standard to cranes and derricks used for railroad roadway work.  Lastly, this rulemaking amends R20-5-629 to incorporate by reference updates to the federal standard created through the standard improvement project, phase four, which removes or revises outdated, duplicative, unnecessary, and inconsistent requirements in OSHA's safety and health standards.   
Activity:
Notice of Rulemaking Docket Opening (page 1007) 
Notice of Proposed Rulemaking  (page 979)  
ARTICLE 8. OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE BEFORE THE INDUSTRIAL COMMISSION OF ARIZONA
Description:
The Commission may engage in rulemaking to eliminate unnecessary rules in Article 8, correct and add definitions, modernize service to include electronic means, and modernize and update the language used in the current rules.
Activity:
Pending
ARTICLE 14. MUNICIPAL FIREFIGHTER CANCER REIMBURSEMENT FUND AND FIREFIGHTER AND FIRE INVESTIGATOR CANCER CLAIM REPORTING
Description:
The rulemaking is intended to: (1) specify who may complete cancer-related claim reporting under A.R.S. § 23-971 on behalf of an insurance carrier, self-insured employer, or self-insurance pool; (2) establish the method by which cancer-related claim data is to be submitted to the Commission; (3) prescribe the durations of time that a cancer-related claim must be reported; (4) establish an annual reporting cycle with a designated reporting deadline; and (5) define the general and specific data elements that must be included in annual reporting to ensure accuracy and consistency.  The proposed rules seek to add clarity to the general requirements in A.R.S. § 23-971, which the Commission anticipates will ultimately reduce the burden associated with cancer-related claim reporting.
Activity: 
Notice of Rulemaking Docket Opening  (page 372)
Notice of Proposed Rulemaking (page 361)
Notice of Final Rulemaking (page 1483)
ARTICLE 15. SELF-INSURED EMPLOYERS
Description:
The Commission may engage in rulemaking to replace Articles 2, 7 and 11 and create a cohesive Article covering all Arizona self-insurance regulations.
Activity:
Pending
Appendix A. ARIZONA PHYSICIANS’ AND PHARMACEUTICAL FEE SCHEDULE 2022/2023
Description:
Under A.R.S. § 23-908(B), the Commission is required to “fix a schedule of fees to be charged to physicians, physical therapists or occupational therapists attending injured employees and . . . for prescription medicines required to treat an injured employee” and to “annually review the schedule of fees.” Under § 23-908(B), the schedule of fees may include “other reimbursement guidelines for medications dispensed in settings that are not accessible to the general public.”
Activity:
Pending


 

2021 RULEMAKING

 

R20-5-602.02. Subpart U; COVID-19 Healthcare Standards
Description:
The Commission is adopting new section R20-5-602.02 (“Subpart U, COVID-19 Healthcare”) to adopt by reference non-expired/non-withdrawn standards in the COVID-19 Healthcare Rule; published in the Federal Register at 86 FR 32,376 .  The COVID-19 Healthcare Rule is also published in the Code of Federal Regulations at 29 C.F.R. § 1910(U). 
Activity:
Notice of Rulemaking Docket Opening (page 2610)
Notice of Proposed Rulemaking (page 2596) 
Notice of Final Rulemaking (page 589) 

 

ARTICLE 14. MUNICIPAL FIREFIGHTER CANCER REIMBURSEMENT FUND AND FIREFIGHTER AND FIRE INVESTIGATOR CANCER CLAIM REPORTING
Description:
The rulemaking addresses: (1) the establishment of a Municipal Firefighter Cancer Reimbursement Form approved by the Commission; (2) the process by which a Municipal Payor can seek reimbursement from the Municipal Firefighter Cancer Reimbursement Fund (the “Fund”); (3) required attestations that must be made in connection with a reimbursement claim; (4) the timeline for a Municipal Payor to submit a reimbursement claim; (5) the consequence of a Municipal Payer failing to file a timely reimbursement claim or not including all eligible amounts in a reimbursement claim; (6) the deadline by which the Commission will process reimbursement claims and payments; (7) recordkeeping and record inspection requirements pertaining to reimbursement claims; and (8) requirements pertaining to overpayments by the Fund.
Activity:
Notice of Rulemaking Docket Opening (page 2536)
Notice of Proposed Exempt Rulemaking (page 2531)
Notice of Final Exempt Rulemaking (page 2920)
ARTICLE 10. WAGE CLAIMS
Description:
The rulemaking: (1) modernizes A.A.C. Title 20, Chapter 5, Article 10 (Wage Claims), including by allowing for service of documents by electronic means; (2) streamlines and eliminates redundancies in the wage claim investigation process to reduce burdens on claimant and employers involved in wage claim disputes and to accelerate processing of wage claims; and (3) brings R20-5-1006(A)(3) into compliance with A.R.S. § 23-356.
Activity:
Notice of Rulemaking Docket Opening (page 2767)
Notice of Proposed Rulemaking (page 2741)
Notice of Final Rulemaking (page 515)
Appendix A. ARIZONA PHYSICIANS’ AND PHARMACEUTICAL FEE SCHEDULE 2021/2022
Description:
Under A.R.S. § 23-908(B), the Commission is required to “fix a schedule of fees to be charged to physicians, physical therapists or occupational therapists attending injured employees and . . . for prescription medicines required to treat an injured employee” and to “annually review the schedule of fees.” Under § 23-908(B), the schedule of fees may include “other reimbursement guidelines for medications dispensed in settings that are not accessible to the general public.”
Activity:
Staff Proposal 
Notice of Exempt Rulemaking (page 1685)