Arizona Revised Statutes

Ariz. Rev. Stat. § 23-403 (2026)

Employer's duty

✓ current as of May 2026

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A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

B. Each employer shall comply with occupational safety and health standards and all regulations and orders issued pursuant to this article.

C. Notwithstanding subsection A of this section, a condition or practice which is common within an industry is not deemed a recognized hazard unless a standard or regulation concerning the condition or practice has been developed pursuant to section 23-410 or 23-414.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1979–2025 · leading case: State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010).

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State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010). · cites it 16× “§ 23-418(E), “[a]ny employer who knowingly violates the requirements of A.R.S. § 23-403 or any standard or regulation adopted pursuant to § 23-410 or 23-414 or any provision of this article and that violation causes death to an employee is guilty of a class 6 felony, except that…”

McAfee-Guthrie, Inc. v. Div. of Occupational Saf. & Health, 627 P.2d 239 (Ariz. Ct. App. 1981). · cites it 9× “, was cited by the Division of Occupational Safety and Health of the Industrial Commission of Arizona (OSHA) pursuant to A.R.S. § 23-403 for two violations. The petitioner has exhausted his administrative remedies and brought this special action pursuant to A.”

Mario Echazabal v. Chevron Usa, Inc. Irwin Indus., Inc., 336 F.3d 1023 (9th Cir. 2003). “Ariz.Rev.Stat. Ann. §§ 23-403, 23-418. CONCLUSION At this juncture in this litigation ordeal, I vote to affirm the district court across the board.”

PPG Indus., Inc. v. Cont'l Heller Corp., 603 P.2d 108 (Ariz. Ct. App. 1979). · cites it 2× “” A.R.S. § 23-403 states that: “A. Each employer shall furnish to each of his employees, employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

Arizona Pub. Serv. Co. v. Indus. Comm'n, 873 P.2d 679 (Ariz. Ct. App. 1994). · cites it 2× “See AR.S. § 23-403(A) (Supp.1993). The intent behind the statute is to “assure so far as possible every working man, woman and child in the state safe and healthful working conditions.”

Div. of Occupational Saf. & Health of the Indus. Comm'n v. Chuck Westenburg Concrete Contractors, Inc., 972 P.2d 244 (Ariz. Ct. App. 1998). · cites it 4× “See A.R.S. § 23-403(A). In that regard, Arizona has adopted the federal OSHA construction standards and requires all employers in the construction industry to comply with the federal regulations in part 1926 related to occupational safety and health.”

Div. of Occupational Saf. & Health of the Indus. Comm'n v. Ball, Ball & Brosamer, Inc., 837 P.2d 174 (Ariz. Ct. App. 1992). · cites it 2× “"Serious violation” means a condition or practice in a place of employment which violates a standard, regulation or § 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…”

Burns v. Geres, 409 N.W.2d 428 (Wis. Ct. App. 1987). “Ariz. Rev. Stat. Ann. §23-403 (A) (1983).”

Arizona Div. of Occupational Saf. & Health v. Superior Court, 863 P.2d 276 (Ariz. Ct. App. 1993). · cites it 2× “A.R.S. § 23-403. The legislative intent of these provisions is to “assure so far as possible every working man, woman and child in the state safe and healthful working conditions.”

Hopkins v. Hopkins (Ariz. Ct. App. 2023). · cites it 2× “In doing so, A.R.S. § 23-403 requires the court to consider “all factors that are relevant to the child’s physical and emotional well-being,” including those eleven factors listed in A.”

Shaffer v. Abbott Labs. (D. Ariz. 2025). · cites it 2× “Defendant Abbott 5 argues that dismissal is warranted because AOSHA does not provide a private right of 6 action, let alone a cause of action for strict liability. (Doc.”

— Ariz. Rev. Stat. § 23-403(A) — 3 cases

State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010). “§ 23-418(E), “[a]ny employer who knowingly violates the requirements of A.R.S. § 23-403 or any standard or regulation adopted pursuant to § 23-410 or 23-414 or any provision of this article and that violation causes death to an employee is guilty of a class 6 felony, except that…”

Arizona Pub. Serv. Co. v. Indus. Comm'n, 873 P.2d 679 (Ariz. Ct. App. 1994). “See AR.S. § 23-403(A) (Supp.1993). The intent behind the statute is to “assure so far as possible every working man, woman and child in the state safe and healthful working conditions.”

Div. of Occupational Saf. & Health of the Indus. Comm'n v. Chuck Westenburg Concrete Contractors, Inc., 972 P.2d 244 (Ariz. Ct. App. 1998). “See A.R.S. § 23-403(A). In that regard, Arizona has adopted the federal OSHA construction standards and requires all employers in the construction industry to comply with the federal regulations in part 1926 related to occupational safety and health.”

— Ariz. Rev. Stat. § 23-403(B) — 2 cases

McAfee-Guthrie, Inc. v. Div. of Occupational Saf. & Health, 627 P.2d 239 (Ariz. Ct. App. 1981). “, was cited by the Division of Occupational Safety and Health of the Industrial Commission of Arizona (OSHA) pursuant to A.R.S. § 23-403 for two violations. The petitioner has exhausted his administrative remedies and brought this special action pursuant to A.”

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