Ariz. Admin. Code § R6-3-51300 - Manner of Performing Work (misconduct 300)
A. General (Misconduct 300.05)
1. A worker has the implied duty of
performing his work with ordinary care and diligence and of making reasonable
efforts to live up to such standards of performance as are required by his
employer. Misconduct generally arises when a worker knowingly fails to exercise
ordinary care in the performance of his duties.
2. "Ordinary care" means that degree of care
which persons of ordinary prudence are accustomed to exercise under the same or
similar circumstances, having due regard to his or others' rights and safety
and to the objectives of the employer. This standard is general and application
will vary with the circumstances. For example, the ordinary care expected of a
precision engineer will vary considerably from the care expected of a ditch
digger. The accepted standard of performance establishes what is ordinary
care.
3. This does not mean that
every claimant discharged because of unsatisfactory work performance is subject
to disqualification. In the absence of gross carelessness or negligence, or
recurrence of ordinary carelessness or negligence, the claimant's failure to
perform his work properly is presumed to be attributed to good faith error in
judgment, inability, incapacity, inadvertence, etc. A conscientious employee
may be unable to perform his duties to the satisfaction of his employer because
of limited mental capacity, inexperience, or lack of coordination. If such
person is discharged for unsatisfactory work his discharge is not for
misconduct.
B. Accident
(Misconduct 300.1)
1. Accident is defined as
"an event that takes place without one's foresight or expectation." A worker is
expected to exercise that degree of ordinary care in proportion to the
danger(s) inherent in the activity in which he is engaged.
2. When a worker fails to exercise ordinary
care and an accident occurs, it establishes his negligence. The degree of
negligence will determine whether there is misconduct. In determining the
degree of negligence, the following should be considered:
a. The worker's knowledge of the potential
seriousness of damage that could result from his negligence.
b. Whether he had been previously warned
against negligent behavior which contributed to the final accident.
c. Pressure under which the worker had to
make decisions which contributed to the accident.
d. Possibility for the claimant to have
avoided the accident.
e. Extent to
which other responsible persons contributed to the accident.
Notes
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