Ariz. Admin. Code § 2-10-207

Current through Register Vol. 30, No. 25, June 21, 2024

Section R2-10-207 - Agency Loss Prevention Program Elements

Each agency loss prevention committee or individuals designated by the agency head shall develop, implement, and monitor the following loss prevention program elements of an occupational health and safety program (as applicable to their agency):

1. New employee and continuo programs that include:

a. Safety and loss prevention education regarding property protection, liability exposure, and workplace safety;

b. Agency-specific safety training regarding emergency plans, actions, and first-aid; and

c. Job-specific safety training to employees performing tasks where:

i. Frequent or severe accidents have occurred; or

ii. There is a potential for frequent or severe accidents.

2. Documentation and recordkeeping of employee training;

3. An emergency plan for each agency location that establishes procedures to follow in the event of serious injury, fire, or other emergency that can be reasonably foreseen at the specific agency location. The emergency plan shall:

a. Designate an employee responsible for formulating, implementing, testing, and maintaining the emergency plan;

b. Contain procedures for notification of emergency response personnel and safe evacuation of personnel from the location, including an evacuation diagram that shall be visibly posted throughout each location;

c. Contain procedures for obtaining first-aid, medical treatment, and emergency transportation in the event of serious injury; and

d. Require that the plan be periodically tested and evaluated and identified deficiencies corrected;

4. Procedures for scheduled safety inspections of buildings, grounds, equipment, and machinery. An agency shall document the 4 results of each inspection and forward notice of any deficiencies to the loss prevention coordinator for corrective action. The agency loss prevention committee or coordinator shall follow-up on inspection recommendations to ensure action is taken to remedy a noted deficiency. The agency loss prevention committee or coordinator shall bring an uncorrected deficiency to the attention of the agency head;

5. Procedures for accident and incident investigations:

a. An agency shall develop procedures for reporting an accident or incident involving personnel, property, automobile, liability, industrial injury, environmental damage, and a mishap or near miss to the agency's loss prevention coordinator or loss prevention committee. The loss prevention coordinator and loss prevention committee shall review the accident and incident reports and identify the corrective action necessary to prevent recurrence;

b. Procedures for reporting, investigating, and recording maintenance of a work-related accident or incident shall include:

i. Timely and accurate reporting of each work-related accident or incident;

ii. Investigation of each accident or incident to gather pertinent information, determine cause, and recommend a solution to prevent recurrence of a similar accident or incident;

iii. Compiling, analyzing, and evaluating all data derived from the investigation to determine the frequency, severity, and location of an accident or incident and communicating the information to appropriate agency personnel; and

iv. Maintaining records of employee injury under A.A.C R20-5-629;

6. A maintenance program for state-owed vehicles, equipment, and grounds under the control of that agency that includes:

a. A preventive maintenance program with a written schedule of routine inspection, adjustment, cleaning, lubrication, and testing of equipment including boilers and machinery, fire protection, security and emergency equipment, and motor vehicles;

b. Safety procedures such as "lock-out-tagout" and "buddy procedures" for jobs subject to a serious accident such as those involving working in a confined space operating dangerous equipment and machinery, and working on electrical equipment; and

c. Personal protective equipment for a specific job or area including training on proper fit, use, care, maintenance, inspection, cleaning, and storage;

7. A fire protection program that complies with the Arizona State Fire Code, located in AA.C. Title 4, Chapter 36. This program shall incorporate best practices and standards that protect state of Arizona employees, the general public, and resources entrusted to the agency.

8. Systems and procedures to protect the personal security of each employee and prevent loss of or damage to state property, including:

a. Security escorts, exterior lighting, identification badges, and electronic access systems;

b. Labeling systems, inventory control procedures, property removal procedures, and key control systems; and

c. Building and ground security systems, alarms systems, electronic surveillance, perimeter fencing, and security patrol services.

9. A land, facility, equipment, or process environmental protection program that includes:

a. Procedures to ensure compliance with all applicable local, state and federal environmental laws;

b. Identification of equipment, processes, and practices that may cause water pollution, air pollution, or land and property contamination;

c. Procedures to prevent or control emissions and discharges in excess of local, state, and federal laws and rules; and

d. Procedures to investigate, report, and remediate any discharge or contamination in excess of local, state, or federal laws and rules;

10. An industrial hygiene program that encompasses an existing or potential health hazard within an agency, or that agency personnel may be exposed to during the course of work. The program shall include a documented survey of agency facilities and work practices to identify areas of concern such as noise, air contamination, ergonomic factors, lighting and confined spaces. The program shall include procedures to notify employees of health hazards, medical monitoring when applicable, and personal protective equipment requirements including training, fit testing, and care. The industrial hygiene program shall include the following program elements as applicable:

a. Hazard communication;

b. Laboratory safety (Chemical Hygiene Plan);

c. Hearing conservation;

d. Confined space entry;

e. Handling and disposing of hazardous waste;

f. Back protection;

g. Ergonomics;

h. Asbestos management;

i. Building air quality;

j. Chemical exposure assessment;

k. Personal protective equipment;

l. Respiratory protection;

m. Bloodborne pathogen protection; and

n. Tuberculosis protection;

11. Motor vehicle safety program. For the purpose of this Section, an authorized driver is an employee whose job position description questionnaire or similar document requires the use of a vehicle; an employee who operates a state vehicle; or an employee who operates a leased, rented or personal vehicle where the state provides 100% of that vehicle lease, rental or operational costs.

a. Standards: Each agency shall develop standards to ensure that an authorized driver who drives on state business is capable of operating a motor vehicle in a safe manner At a minimum, the program shall include the following standards:

i. An authorized driver shall use and ensure use of seat belts by all occupants, as required by law

ii. An authorized driver shall possess a valid driver's license of the appropriate class with any required endorsements.

iii. An authorized driver who operates a personally owned vehicle on state business shall maintain the statutorily required liability insurance.

b. Defensive driver training: The agency shall develop and implement programs and procedures to ensure that authorized drivers attend defensive driver training no later than three months from initial hire date or appointment to a position requiring the operation of a motor vehicle. All other authorized drivers who have not attended defensive driver training within the 36 months prior to August 5, 2007 shall attend defensive driver training within 12 months of this date. Defensive driver training and defensive driver refresher training shall cover, at a minimum the following topics:

i. Defensive driving techniques,

ii. Traffic and vehicle regulations,

iii. Driver and passenger restraints,

iv. Inclement weather and night-vision driving hazards,

v. Dealing with emergencies

vi. Alcohol and drug use hazards and laws,

vii. Vehicle insurance and financial responsibility, and

viii. Motor Vehicle Record (MVR) Check.

RM may provide Defensive Driver/Van Safety training assistance or coordination upon request of the agency or the agency may elect to develop and implement agency-specific training.

c. Records: The agency shall ensure records are maintained regarding training under subsections (b), (c) and (e) that reflect topics, date of training, instructor name and qualifications of instructor, length of training, location of training, participant's name, and job title.

d. Passenger van and specialty vehicle training: In addition to subsection (b), the agency shall include a training element for drivers of passenger or cargo vans that are designed, modified, or could otherwise be configured for an occupancy of nine to 15 persons (including the driver). The training component for vans shall include: classroom instruction, behind-the-wheel instruction (on the road, on a closed course or using a driving simulator) and a certificate or card of completion. For a motorized specialty vehicle or specialty mobile equipment, the agency shall ensure that instruction is conducted before initial operation of the vehicle or equipment. The instruction shall be based on nationally recognized industry standards and training time lines or manufacturer's operator instructions. For the purpose of this subsection, a motorized "specialty vehicle" or "specialty mobile equipment" means a conveyance designed for the transport of people or cargo that is not licensed or intended for use on public roadways.

e. Vehicle incident review: An agency shall ensure that the motor fleet safety program includes a vehicle incident review element. A Vehicle Incident Review Committee shall conduct a review of each incident that involves collision or damage to determine the cause and preventability of the incident, and recommend any corrective action to prevent recurrence. If the committee determines the incident was preventable, the driver shall attend defensive driver refresher training within three months of committee determination. Based on the circumstances, the agency head may direct additional corrective action. An authorized driver involved in any motor vehicle collision on state business shall promptly notify the authorized driver's immediate supervisor.

f. Driving record review: An agency shall develop and implement procedures for the review of an authorized driver's record maintained by the Motor Vehicle Division (MVD) of the Arizona Department of Transportation (ADOT). The agency shall establish a schedule for reviewing driving records based on agency-specific exposures and RM claims history data. The agency shall ensure that the driving record of each authorized driver is reviewed at least annually. The review shall cover the most recent 39-month period. For driving record reviews, each authorized driver shall, upon request, provide name, driver license number, expiration date and date of birth. A copy of a driving record release form is available upon request from RM. An authorized driver shall promptly notify the authorized driver's immediate supervisor of any license suspension, revocation, or restriction placed on the driver's license or privilege to drive a motor vehicle. If the license of an authorized driver is suspended or revoked, authorization to drive on state business is suspended on the date of driver's license suspension or revocation and remains suspended until the date of driver's license reinstatement. If a review of a driving record reveals one or more convictions totaling six or more points for the 39-month period, the appropriate agency management shall be notified. The driver shall attend defensive driver training or similar action designed to improve the person's driving skills. For the purpose of this Section, RM considers similar action to be successful completion of the MVD Traffic Survival School within 12 months of the record review.

g. Driving record review guidelines and criteria: Agencies may develop criteria that meet or exceed the requirements of this Section relating to accumulated MVD points or driving behavior. At a minimum, the following criteria are to be followed when evaluating a 39-month driving record and recommending agency action:

i. 5 or fewer points = Acceptable record: Continue annual driving record and driver insurance status checks.

ii. 6 to 7 points = Conditional record: Conduct driving record and driver insurance status checks at least twice a year. Driver attends defensive driver training or similar action designed to improve driving skill.

iii. 8 or more points = High-risk record: Request that the agency head limit driving on state business. If an agency head allows the authorized driver to drive on state business, the agency head shall provide to the driver, in writing, the limitations and the duration of the authorization to drive. An agency head shall not circumvent an order or action of the Motor Vehicle Division or any court.

12. A safety and security standard for a construction site where state employees work, that includes:

a. Site-specific safety rules and procedures for the type of risks expected to be encountered on the site;

b. Routine inspection of construction sites to ensure compliance with local, state, and federal safety laws and rules;

c. Training of each employee in safe practices and procedures;

d. Availability of first-aid, medical, and emergency equipment and services at the construction site, including arrangements for emergency transportation;

e. Procedures to prevent theft, vandalism, and other losses at the construction site; and

f. Periodic testing and evaluation of the plan and correction of identified deficiencies.

Ariz. Admin. Code § R2-10-207

Adopted effective December 18, 1992 (Supp. 92-4). Amended effective January 12, 1995 (Supp. 95-1). Amended by final rulemaking at 6 A.A.R. 1717, effective April 20, 2000 (Supp. 00-2). Amended by final rulemaking at 13 A.A.R. 2043, effective August 4, 2007 (Supp. 07-2). Amended by final rulemaking at 23 A.A.R. 3239, effective 1/8/2018.