Section R20-5-680. Protected Activity

A.      All complaints pursuant to A.R.S. § 23-425 shall relate to con- ditions at the workplace. The filing of complaints need not be in writing for purposes of this subsection except that those complaints filed pursuant to R20-5-682 shall comply with R20-5-682. The term “filed any complaint” as used in A.R.S. § 23-425(A) includes:

1.        Employee requests for inspection pursuant to A.R.S. § 23-408(F);

2.        Complaints registered with other state, local or federal governmental agencies which have the authority to regu- late or investigate occupational safety and health condi- tions;

3.        Complaints lodged with employers; or

4.        Complaints filed as specified in R20-5-682.

B.       The term “instituted or caused to be instituted any proceeding” as used in A.R.S. § 23-425(A) includes:

1.        Inspections of worksites under A.R.S. § 23-408(A);

2.        Employee contest of abatement date under A.R.S. § 23- 417(D);

3.        Employee initiation of proceedings for promulgation of an occupational safety and health standard under A.R.S. § 23-410(A);

4.        Employee application for modification or revocation of a variance under A.R.S. § 23-413;

5.        Employee judicial challenge to a standard under A.R.S. § 23-410(E);

6.        Employee appeal of an Administrative Law Judge Divi- sion order under A.R.S. § 23-421(C);

7.        Exercise of rights by any employee pursuant to A.R.S. § 23-418.01;

8.        Any other employee action authorized by the Arizona Occupational Safety and Health Act of 1972; or

9.        Setting into motion the activities of others which result in the proceedings specified in subsections (B)(1) through (8).

C.      The term “testified or is about to testify in any such proceed- ing” as used in A.R.S. § 23-425(A) includes:

1.        Testimony in proceedings instituted or caused to be insti- tuted by the employee; or

2.        Any statements given in the course of judicial, quasi-judi- cial or administrative proceedings. For this purpose, administrative proceedings include inspections, investi- gations and administrative rulemaking or adjudicative functions.

D.      The term “the exercise by such employee on behalf of himself or others of any right afforded by this Article” as used in

A.R.S. § 23-425(A) includes:

1.        The right to participate as a party in enforcement pro- ceedings pursuant to A.R.S. § 23-408(D);

2.        The right to request information from the Industrial Com- mission; or

3.        To cooperate with inspections or investigations by the Industrial Commission.

E.       If the employee, with no reasonable alternative, refuses in good faith to expose himself to a dangerous condition, the employee is engaged in protected activity. The condition caus- ing the employee’s apprehension of death or injury must be of such a nature that a reasonable person, under the circum- stances then confronting the employee, would conclude there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to elimi- nate the dangers through resort to regular statutory enforce- ment channels. In addition, in such circumstances, the employee, where possible, must also have sought from his

employer and been unable to obtain a correction of the danger- ous condition.

F.       Employees who refuse to comply with valid occupational safety and health standards or valid safety rules implemented by the employer are not protected by A.R.S. § 23-425.

Historical Note

Adopted effective May 3, 1989 (Supp. 89-2). R20-5-680 recodified from R4-13-680 (Supp. 95-1).