State-specific OSHA guidelines: Arizona

Arizona maintains an OSHA approved state occupational safety and health program administered by the Industrial Commission of Arizona (ICA) through its Division of Occupational Safety and Health. The ICA has taken the position that under Arizona’s state plan, the ICA retains exclusive authority to determine if, when, and to what extent Arizona will adopt an Emergency Temporary Standard (ETS) promulgated by OSHA, including the November 5, 2021 ETS requiring all employers with 100 or more employees to develop, implement, and enforce a mandatory COVID-19 vaccination or testing policy. Upon learning of the November 5 ETS, the ICA issued a press release stating that it would review the ETS but that the standards contained therein are not binding or enforceable against Arizona’s private and public sector employees until formally adopted (if at all) by the ICA. The ICA had also previously declined, without comment, to implement the June 21, 2021 ETS issued by OSHA requiring healthcare facilities to develop and implement an effective COVID-19 plan.

Under 29 C.F.R. 1953.5(b), within 15 days of receipt of an ETS from OSHA, approved state plans must notify the federal agency of the state plan’s intent to adopt the OSHA ETS or demonstrate that adoption is not necessary because the state standard is already the same as or at least as effective as the federal standard. Failure to do so may result in OSHA withdrawing its approval of the state plan. As of the date of this publication, the ICA has not adopted either the June 21 or November 5 ETS and has not issued any further guidance with respect to the mandatory vaccination and testing policies set forth in each. OSHA has since informed the ICA, along with state agencies administering OSHA approved plans in other states, that they have until January 7, 2022 to inform OSHA of their plans to adopt, reject, modify, amend, or revise the OSHA standards. OSHA has signaled that it will begin the process of withdrawing approval for state plans that have not adopted the standards or implemented similar standards by January 24, 2022.