REFERENCE TITLE: unemployment insurance; dangerous conditions

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HB 2663

Introduced by

Representatives Epstein: Bolding, Cano, Stahl Hamilton, Terán, Senator Engel

AN ACT

amending title 23, chapter 4, article 6, Arizona Revised Statutes, by adding section 23-796.01; relating to employment security.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 23, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 23-796.01, to read:

START_STATUTE23-796.01. Benefits for separating from work because of dangerous conditions

Notwithstanding any other provision of this chapter:

1.  An individual who has left the individual's employment because the individual's employer failed to cure a working condition that made the work environment unsuitable for health or safety reasons has good cause for leaving employment if the individual has exhausted reasonable alternatives to leaving.

2.  In a public health emergency, an individual is not required to prove that a working condition that made the work environment unsuitable for health or safety reasons was unique to the individual or that the risk was not customary to the individual's occupation.

3.  An individual is deemed to have exhausted reasonable alternatives to leaving if either:

(a)  The individual or another employee notified the employer of the unsafe or unhealthy working condition and the employer did not cure it.

(b)  The employer knew or should have had reason to know that the condition made the work environment unsuitable and did not cure it.

4.  In a public health emergency, an individual has good cause for leaving employment if the individual leaves to care for a seriously ill or quarantined family or household member.

5.  An individual has good cause for refusing an offer of employment or reemployment if the employer has not cured any working condition that makes the work environment unsuitable for health or safety reasons, including any condition that required the workplace to close or reduce operations under COVID-19 public health emergency orders.

6.  An individual has good cause for refusing an offer of employment or reemployment if the conditions of work would require the individual to violate any governmental public health guidance issued during the COVID‑19 outbreak or to assume an unreasonable health risk under that guidance, thus making such work unsuitable.

7.  An individual has good cause for refusing an offer of employment or reemployment if the individual is required to care for a child whose school is closed due to the COVID-19 public health emergency or if the individual is required to otherwise care for a family or household member due to the COVID-19 public health emergency. END_STATUTE

Sec. 2.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.