Terms Used In Arizona Laws > Title 23 > Chapter 2 > Article 10 - Division of Occupational Safety and Health

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Board: means a review board established pursuant to section 23-422. See Arizona Laws 23-401
• Commission: means the industrial commission of Arizona. See Arizona Laws 23-401
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of the division. See Arizona Laws 23-401
• Division: means the division of occupational safety and health within the commission. See Arizona Laws 23-401
• Docket: A log containing brief entries of court proceedings.
• Employee: means any person performing services for an employer, including any person defined as an employee pursuant to section 23-901, except employees engaged in household domestic labor. See Arizona Laws 23-401
• Employer: means any individual or type of organization, including this state and all political subdivisions of this state, that has in its employ one or more individuals performing services for it in employment and includes self-employed persons, but does not include employers of household domestic labor. See Arizona Laws 23-401
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interested party: means the commission and the commission's agents, the employer and the affected employees of such employer. See Arizona Laws 23-401
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Model system: means an exemplary and voluntary implemented worker safety and health management system that:

  (a) Exceeds basic compliance with occupational safety and health laws and regulations. See Arizona Laws 23-401

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Program: means the voluntary protection program or any other program under which the director recognizes and partners with workplaces that have implemented a model system. See Arizona Laws 23-401
• Property: includes both real and personal property. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Recognized hazard: means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry. See Arizona Laws 23-401
• Regulation: means any written regulation of occupational safety and health governing places of employment formulated pursuant to section 23-410, exclusive of standards, and shall have the same meaning as and include the term "rule". See Arizona Laws 23-401
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Serious violation: means a condition or practice in a place of employment that violates a standard, regulation or section 23-403, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice. See Arizona Laws 23-401
• Standard: means any occupational safety and health standard that has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and shall have the same meaning as, and include the term "code". See Arizona Laws 23-401
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trade secret: means a plan or process, tool, mechanism, or compound not patented, known only to its owner and those of the owner's employees to whom it is necessary to confide it, or other information that the employer treats as confidential and has a reasonable basis for doing so. See Arizona Laws 23-401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Workplace: means a location or site wherein work, either temporary or permanent, is being conducted in connection with an industry, trade or business. See Arizona Laws 23-401
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes printing. See Arizona Laws 1-215