Ariz. Admin. Code § 3-3-1007
Current through Register Vol. 30, No. 45, November 8, 2024
Section R3-3-1007 - Violations and Civil PenaltiesA. Serious violations. The base penalty for any serious violation is $500 and no adjustment shall be made for mitigating circumstances. The penalty for a violation in which a person is killed or permanently disabled shall be the maximum allowed in A.R.S. §§ 3-3113 and 3-3114.B. Nonserious violations. The Assistant Director shall calculate the base penalty for a nonserious violation and determine the civil penalty amount based on the factors prescribed in A.R.S. § 3-3113(I). If there are contributing or mitigating circumstances, the points may be adjusted, provided the adjustment is documented. VIOLATION GRAVITY FACTOR
(1 - Lowest; 4 - highest)
VIOLATION | GRAVITY |
Central Posting | 1 - 2 |
Training | 1 - 4 |
Decontamination | 1 - 4 |
Personal Protective Equipment | 1 - 4 |
Pesticide Application and Notice | 1 - 4 |
Pesticide Application Restrictions | 2 - 4 |
Other Requirements | 1 - 4 |
C. Size-of-business. The Assistant Director shall use: 1. The maximum number of employees at any one time during the previous 12 months from the date of notice, including only the Arizona branch offices to determine the size business category; or2. A site-specific employee count, if the violation does not endanger employees at other locations of the business; or3. The number of persons trained by a trainer during the previous 12 months that violate the training provisions of R3-3-1003. SIZE OF BUSINESS
Size Category | Number of Employees or (Number of People Trained) |
I | 1 - 10 |
II | 11 - 75 |
III | 76 - 150 |
IV | More than 150 |
D. Base penalty. The Assistant Director shall calculate the base penalty for the alleged violation by using the violation gravity factor established in subsection (B) and applying the size-of-business category established in subsection (C). BASE PENALTY
Gravity | Size Category |
Factor | I | II | III | IV |
1 | $250 | $300 | $350 | $400 |
2 | $300 | $350 | $400 | $450 |
3 | $350 | $400 | $450 | $500 |
4 | $500 | $500 | $500 | $500 |
E. Combined or group violations. The Assistant Director may combine or group violations. 1. Violations may be combined and assessed one penalty if the violation does not cause any immediate danger to public health or safety or damage to property. Example: Eight workers on a harvest crew have received no training and there is no evidence of exposure. This situation may result in only one training penalty being assessed against the employer.2. Violations may be grouped if they have a common element and it is apparent which violation has the highest gravity. The penalty for a grouped violation is assessed on the violation with the highest gravity. The penalty for a grouped violation is assessed according to the appropriate law or rule with the highest gravity. Example: Two crews from the same company are engaged in an improper handling activity and one crew is using a pesticide with a "danger" signal word, (skull and cross bones) while the other crew is using a pesticide with a "warning" signal word. This situation may result in the employer being assessed one penalty based on the penalty for the "danger" (skull and cross bones) violation.
Ariz. Admin. Code § R3-3-1007
Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1007renumbered from R3-8-207 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.