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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

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Industrial Commission of Arizona Rulemaking Activity

2023 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 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 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

2022 Regulatory agenda

ARTICLE 4. ARIZONA BOILERS AND LINED HOT WATER HEATERS
Description: The Commission is proposing to amend A.A.C. R20-5-401 (Applicability), A.A.C. R20-5-402 (Definitions), A.A.C. R20-5-404 Standards for Boilers, Lined Hot Water Heaters and Pressure Vessels), A.A.C. R20-5-406 (Repairs and Alterations), A.A.C. R20- 5-407 (Inspection of Boilers, Lined Hot Water Heaters, Direct Fired Jacketed Steam Kettles and Issuance of Inspection Certificates), A.A.C. R20-5-408 (Frequency of Inspection), A.A.C. R20-5-409 (Notification and Preparation for Inspection), A.A.C. R20-5-410 (Report of Accident), A.A.C. R20-5-411 (Hydrostatic Tests), A.A.C. R20-5-412 (Automatic Low-water Fuel Cutoff Devices or Combined Water Feeding and Fuel Cutoff Devices), A.A.C. R20-5-413 (Safety and Safety Relief Valves), A.A.C. R20- 5-415 (Boiler Blowdown, Blowoff Equipment and Drains), A.A.C. R20-5-416 (Maximum Allowable Working Pressure), A.A.C. R20-5-417 (Maintenance and Operations of Boilers, Hot Water Heaters and Direct Fired Jacketed Steam Kettles), A.A.C. R20-5- 418 (Non-standard Boilers), A.A.C. R20-5-419 (Request to Reinstall Boiler or Lined Hot Water Heater, A.A.C. R20-5-420 (Special Inspector Certificates under A.R.S. § 23-485), A.A.C. R20-5-429 (Variance), A.A.C. R20-5-430 (Forced Circulation Hot Water Heaters), A.A.C. R20-5-431 (Code Cases) and A.A.C. R20-5-432 (Historical Boilers). Additionally, the Commission is proposing to repeal A.A.C. R20-5-403 (Boiler Advisory Board).
Activity: Notice of Rulemaking Docket Opening (page 2300) Notice of Proposed Rulemaking (page 2243)

ARTICLE 4. ARIZONA BOILERS AND LINED HOT WATER HEATERS

Description:
The Commission is proposing to amend A.A.C. R20-5-401 (Applicability), A.A.C. R20-5-402 (Definitions), A.A.C. R20-5-404 Standards for Boilers, Lined Hot Water Heaters and Pressure Vessels), A.A.C. R20-5-406 (Repairs and Alterations), A.A.C. R20- 5-407 (Inspection of Boilers, Lined Hot Water Heaters, Direct Fired Jacketed Steam Kettles and Issuance of Inspection Certificates), A.A.C. R20-5-408 (Frequency of Inspection), A.A.C. R20-5-409 (Notification and Preparation for Inspection), A.A.C. R20-5-410 (Report of Accident), A.A.C. R20-5-411 (Hydrostatic Tests), A.A.C. R20-5-412 (Automatic Low-water Fuel Cutoff Devices or Combined Water Feeding and Fuel Cutoff Devices), A.A.C. R20-5-413 (Safety and Safety Relief Valves), A.A.C. R20- 5-415 (Boiler Blowdown, Blowoff Equipment and Drains), A.A.C. R20-5-416 (Maximum Allowable Working Pressure), A.A.C. R20-5-417 (Maintenance and Operations of Boilers, Hot Water Heaters and Direct Fired Jacketed Steam Kettles), A.A.C. R20-5- 418 (Non-standard Boilers), A.A.C. R20-5-419 (Request to Reinstall Boiler or Lined Hot Water Heater, A.A.C. R20-5-420 (Special Inspector Certificates under A.R.S. § 23-485), A.A.C. R20-5-429 (Variance), A.A.C. R20-5-430 (Forced Circulation Hot Water Heaters), A.A.C. R20-5-431 (Code Cases) and A.A.C. R20-5-432 (Historical Boilers). Additionally, the Commission is proposing to repeal A.A.C. R20-5-403 (Boiler Advisory Board).

Activity:
Notice of Rulemaking Docket Opening (page 2300)
Notice of Proposed Rulemaking (page 2243)

ARTICLE 5. ELEVATOR SAFETY
Description: The Commission is proposing to amend A.A.C. R20-5-502 (Definitions), A.A.C. R20-5-504 (Safety Standards for Platform Lifts and Stairway Chairlifts), A.A.C. R20-5-505 (Certificate of Inspection), A.A.C. R20-5-506 (Recordkeeping) A.A.C. R20-5-507 (Safety Code for Elevators, Escalators, Dumbwaiters, Moving Walks, Material Lifts, and Dumbwaiters with Automatic Transfer Devices), A.A.C. R20-5-508 (Safety Standards for Belt Manlifts), A.A.C. R20-5-509 (Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations), A.A.C. R20-5-510 (Safety Requirements for Material Hoists), and A.A.C. R20-5-513 (Firefighters’ Emergency Operation). Additionally, the Commission is proposing to create A.A.C. R20-5-514 (Standard for Elevator Suspension, Compensation, and Governor Systems), and A.A.C. R20-5-515 (Safety Requirements for Stage and Orchestra Lifts). Lastly, the Commission is proposing to repeal A.A.C. R20-5-511 (Guide for Inspection of Elevators, Escalators, and Moving Walks.
Activity: Notice of Rulemaking Docket Opening (page 2494) Notice of Proposed Rulemaking (page 2465)

ARTICLE 5. ELEVATOR SAFETY

Description:
The Commission is proposing to amend A.A.C. R20-5-502 (Definitions), A.A.C. R20-5-504 (Safety Standards for Platform Lifts and Stairway Chairlifts), A.A.C. R20-5-505 (Certificate of Inspection), A.A.C. R20-5-506 (Recordkeeping) A.A.C. R20-5-507 (Safety Code for Elevators, Escalators, Dumbwaiters, Moving Walks, Material Lifts, and Dumbwaiters with Automatic Transfer Devices), A.A.C. R20-5-508 (Safety Standards for Belt Manlifts), A.A.C. R20-5-509 (Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations), A.A.C. R20-5-510 (Safety Requirements for Material Hoists), and A.A.C. R20-5-513 (Firefighters’ Emergency Operation). Additionally, the Commission is proposing to create A.A.C. R20-5-514 (Standard for Elevator Suspension, Compensation, and Governor Systems), and A.A.C. R20-5-515 (Safety Requirements for Stage and Orchestra Lifts). Lastly, the Commission is proposing to repeal A.A.C. R20-5-511 (Guide for Inspection of Elevators, Escalators, and Moving Walks.

Activity:
Notice of Rulemaking Docket Opening (page 2494)
Notice of Proposed Rulemaking (page 2465)

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) Notice of Final Rulemaking (page 1761)

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)
Notice of Final Rulemaking (page 1761)

ARTICLE 12. ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE
Description: The Commission is proposing to amend A.A.C. R20-5-1202 (Definitions); A.A.C.R20-5-1210 (General Recordkeeping Requirements); and A.A.C.R20-5-1213 (Findings and Order Issued by Department) to clarify the rules by including a couple of new definitions, ease the regulatory burden of recordkeeping with respect to specific employees that are under contract and granted benefits that exceed those contained in A.R.S. § 23-376, ease the regulatory burden of recordkeeping by eliminating unnecessary employer records, and modernize the rules by allowing for service by electronic mail with a party’s consent.
Activity: Notice of Docket Opening (page 3507) Notice of Proposed Rulemaking (page 3478)

ARTICLE 12. ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE

Description:
The Commission is proposing to amend A.A.C. R20-5-1202 (Definitions); A.A.C.R20-5-1210 (General Recordkeeping Requirements); and A.A.C.R20-5-1213 (Findings and Order Issued by Department) to clarify the rules by including a couple of new definitions, ease the regulatory burden of recordkeeping with respect to specific employees that are under contract and granted benefits that exceed those contained in A.R.S. § 23-376, ease the regulatory burden of recordkeeping by eliminating unnecessary employer records, and modernize the rules by allowing for service by electronic mail with a party’s consent.

Activity:
Notice of Docket Opening (page 3507)
Notice of Proposed Rulemaking (page 3478)

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 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 rulemaking is intended to create a streamlined, cohesive and consistent Article to cover the different self-insurers in one place, and replace Articles 2, 7 and 11.
Activity: Notice of Rulemaking Docket Opening (page 1606) Notice of Proposed Rulemaking (page 1553) Notice of Final Rulemaking (page 3435)

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: Notice of Exempt Rulemaking (page 2645)

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:
Notice of Exempt Rulemaking (page 2645)

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 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)

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)

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)