Section R20-5-623. Posting of Citations

A.      Upon receipt of any citation under the Act, the employer shall immediately post such citation, or a copy thereof, unedited, at or near each place an alleged violation referred to in the cita- tion occurred, except as provided below. Where, because of the nature of the employer’s operations, it is not practicable to post the citation at or near each place of alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employers are engaged in activities which are physically dispersed, the citation may be posted at the location to which the employees report each day. Where employees do not primarily work at or report to a single location, the citation may be posted at the location from which the employees oper- ate to carry out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material. Notices of de minimis violations need not be posted.

B.       Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for three working days, which- ever is later. The filing by the employer of a notice of intention to contest under A.R.S. § 23-471(A) shall not affect his post- ing responsibility under this rule unless and until the Hearing Division and/or Review Commission issues a final order vacating the citation.

C.      An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indi- cating that the citation is being contested before the Hearing Division and/or Review Commission, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the viola- tion.

Historical Note

Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-622 adopted as an emergency effective October 29, 1980, renumbered and amended as Section R4-13-623 effective March 2, 1981 (Supp. 81-2). R20-5-623 recodified from R4-13-623 (Supp. 95-1).