1. A. A complaint of A.R.S. § 23-425(A) discharge or discrimination shall be filed with the Division of Occupational Safety and Health by the employee or by a representative authorized by A.R.S. § 23-408 to do so on the employee’s behalf. The complaint shall be written and shall be signed by the person filing the complaint.
2. B. The date of filing a complaint under A.R.S. § 23-425(B) is the date of receipt of the complaint by the Division. The date of receipt is the date of postmark, date of facsimile transmittal, date of email communication, date of telephone call, date of hand-delivery to a third-party commercial carrier, or date of in-person filing at the Division. If the post-mark is absent or illegible, the date filed is the date the complaint is received by the Division.
3. C. The Division will accept or deny an employee’s withdrawal of a complaint; however the Industrial Commission’s investigatory jurisdiction shall not be foreclosed by unilateral action of the employee.
4. D. The Industrial Commission may resolve an A.R.S. § 23-425 complaint with the employer without the consent of the employee.

5. E. The Industrial Commission’s jurisdiction to investigate and determine A.R.S. § 23-425 complaints is independent of the jurisdiction of other agencies or bodies. The Industrial Commission may defer to the results of other such proceedings where:

   1. 1. The rights asserted in those other proceedings are substantially the same as the rights pursuant to A.R.S. § 23- 425;
   2. 2. The factual issues in such proceedings are substantially the same as the factual issues before the Industrial Commission;
   3. 3. The proceedings were fair and regular; and
   4. 4. The outcome of the proceedings was not inconsistent with the purposes of this Chapter and the Act.

6. F. A determination pursuant to A.R.S. § 23-425(C) includes:

   1. 1. A decision to not proceed with the case;
   2. 2. To defer the case to another forum; or
   3. 3. To proceed to litigation in Superior Court.

Historical Note

Adopted effective May 3, 1989 (Supp. 89-2). R20-5-682 recodified from R4-13-682 (Supp. 95-1). Amended by final rulemaking at 30 A.A.R. 2109 (June 28, 2024), with an immediate effective date of June 6, 2024 (Supp. 24-2).