Ariz. Admin. Code § R2-10-101 - Definitions

The following definitions apply in this Chapter unless the context otherwise requires:

1. "Agency" means a state department, board, or commission.

2. "Agency loss prevention committee" means a panel of individuals established by the head of an agency to develop and oversee the agency's loss prevention program.

3. "Agency loss prevention coordinator" means an individual chosen by the head of an agency to implement the agency's loss prevention program and who is the agency's liaison with Risk Management.

4. "Attorney General's Office" means the Liability Management Section of the Attorney General's Office assigned to defend claims covered by A.R.S. § 41-621.

5. "Client" means an individual in custodial care of a provider through contract or court order with a state agency through programs listed in A.R.S. § 41-621(B).

6. "Confined space" has the meaning of 29 CFR 1910.146(b) Occupational Safety and Health Standards for General Industry, The Industrial Commission of Arizona, Division of Occupational Safety and Health, February 1, 1998, which is incorporated by reference in this rule. This incorporation by reference does not include any later amendments or editions. Copies of the incorporation by reference are available for inspection at the Industrial Commission of Arizona, 800 West Washington, Phoenix, Arizona and in the Office of the Secretary of State, Public Service Department, 1700 West Washington, Phoenix, Arizona.

7. "Contaminant" means a substance that is radioactive, infectious, carcinogenic, toxic, irritant, corrosive, sensitizer or an agent that damages the lungs, skin, eyes, mucous membranes, and other body organs.

8. "Data Breach" means any theft, loss, or unauthorized acquisition, unauthorized access to, or unauthorized disclosure of nonpublic data or information or hardware containing nonpublic data or information, in the insured's care, custody, or control, that does or may compromise the privacy, security, confidentiality, or integrity of such data or information.

8.9. "Deductible" means the amount of a loss that the agency will pay before Risk Management is obligated to pay anything.

9.10. "Department" means the Department of Administration, an agency of the State of Arizona.

10.11. "Emergency" means an immediate health threat.

11.12. "Environment" means navigable waters, surface waters, groundwater, drinking water supply, land surface or subsurface strata, and ambient air, within or bordering on this state.

12.13. "Environmental Contractor" means a company hired by the state to conduct environmental site investigations and remediation work.

13.14. "Environmental property claim" means a demand or payment resulting from chemical or biological damage to the environment.

14.15. "Ergonomics" means a science of the relationship between human capability and the work environment, which the Department uses to design a job, task, equipment, or tool to conform comfortably within the limits of human capability.

15.16. "Feasibility study" means a remediation plan based upon a site investigation to clean up a contaminated site by an environmental contractor.

16.17. "Geophysical survey" means a radar, magnetic, electric, gravity, thermal, or seismic survey.

17.18. "Groundwater" means water beneath the ground in sediments or permeable bedrock.

18.19. "Hazardous substance or waste" means hazardous waste as defined in A.R.S. § 49-921(5).

19.20. "Health threat" means evidence that exposure to a specific type and concentration of contaminant is harmful to human health. This evidence shall be based on at least 1 study conducted by the National Institute of Occupational Safety and Health or the Environmental Protection Agency in accordance with established scientific principles.

20.21. "Incident" means an event involving an agency employee, facility, or equipment that results in an occupational injury or illness, personal injury, or loss of or damage to state property, or an event involving the public that exposes the state to a liability loss.

21.22. "Loss prevention" means any action or plan intended to reduce the frequency and severity of property, liability, or workers' compensation losses.

22.23. "Occurrence" means an accident, incident or a series of accidents or incidents arising out of a single event or originating cause and includes all resultant or concomitant insured losses.

23.24. "Passenger van" means any motor vehicle designed, modified, or otherwise capable of being configured to carry not less than 8 passengers and no more than 15 passengers.

24.25. "Personal protective equipment" means any clothing, material, device, or equipment worn to protect a person from exposure to, or contact with, any harmful material or force.

25.26. "Provider" means an individual or entity authorized to provide services to state clients as outlined in A.R.S. § 41-621(B) that is not contractually required to indemnify and hold the state harmless.

26.27. "Remedial action" or "remediation" means the process of cleaning up a hazardous substance or waste site by an environmental contractor.

27.28. "Risk Manager" means the Administrator for the State Risk Management Program.

28.29. "Risk Management" or "RM" means the State Risk Management Program.

30. "Security Incident" means an event that creates a reasonable suspicion that nonpublic data or information, or hardware containing nonpublic data or information, in the insured's care, custody, or control, may have been compromised, or that measures put in place to protect such data or information may have failed.

31. "Security System Breach" means any unauthorized access to, unauthorized use or misuse of, damage, deletion, or modification to, or denial of authorized access to, a computer system within the care, custody, or control of the insured, by cyber-attacks, through any electronic means, including malware, viruses, worms, and Trojan horses, spyware and adware, zero-day attacks, hacker attacks, and denial of service attacks.

29.32. "Self-insurance" means state -provided loss protection for an agency, employee, or other person or entity who is insured through RM funds.

30.33. "Site assessment" means the process of completing and assessing a site investigation and a feasibility study.

31.34. "Site investigation" means a detailed examination by an environmental contractor of an area of a building or ground suspected of being contaminated with a hazardous substance or waste.

Notes

Ariz. Admin. Code § R2-10-101

Adopted effective July 27, 1983 (Supp. 83-4). Former Section R2-10-101 repealed, new Section R2-10-101 adopted effective June 12, 1989 (Supp. 89-2). Amended effective December 18, 1992 (Supp. 92-4). Amended effective January 12, 1995 (Supp. 95-1). Amended effective September 15, 1997 (Supp. 97-3). Amended by final rulemaking at 6 A.A.R. 1717, effective April 20, 2000 (Supp. 00-2). Amended by final rulemaking at 23 A.A.R. 3239, effective 1/8/2018. Amended by final rulemaking at 30 A.A.R. 1941, effective 7/6/2024.