Ariz. Admin. Code § R6-3-53515 - Working Conditions (refusal of Work 515)

Current through Register Vol. 48, No. 14, April 8, 2022

A. General (Refusal of Work 515.05)
1. A worker may reasonably expect working conditions which do not involve undue risk to his health, safety or morals. Although these factors are separate and distinct, a number of considerations apply to all three.
2. Protective standards required by law and governmental regulations must be considered. Work which violates any of these standards is unsuitable.
3. Account should be taken of whether the conditions to which the claimant objects are found commonly in similar work in the community, and whether the claimant is and has been accustomed to such conditions of work.
4. Some risks such as those to morals, may be connected indirectly with the work itself.
B. Environment (Refusal of Work 515.35). Environmental factors could provide a claimant with good cause for refusing an offer of work. Work requiring travel in, or through an unsavory section of a city, for example, could provide a claimant with good cause for refusal, depending on the degree of risk involved.
C. Morals (Refusal of Work 515.5)
1. Work that would adversely affect the morals of a claimant may be unsuitable. For example:
a. Employment by an illegal establishment.
b. Employment by a business with a poor reputation, if it is shown that the claimant's moral standards or reputation could be injured.
c. Work that would expose the claimant to considerable temptation (i.e., an alcoholic who is offered employment in a bar).
2. The risks include those indirectly connected with the work itself, thus:
a. Work by a waitress in a cocktail bar may be unsuitable because of the risks created by the type of patron.
D. Prevailing for similar work in locality (Refusal of Work 515.55)
1. No work shall be deemed suitable and benefits shall not be denied to any otherwise eligible individual for refusing to accept new work if the conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.
2. Working conditions comprise all phases of the employee's environment such as light, temperature, moisture, ventilation, sanitation, equipment, materials, production arrangements, location, traveling arrangements, and conduct of fellow workers and superiors. These conditions must be weighed against those prevailing for similar work in the locality. Union contracts, state laws, and the prevailing local practice of the industry provide standards which may be used in determining the quality of working conditions.
3. A claimant may refuse an offer of work with good cause if conditions are not substandard, but create an undue hardship on the individual worker.
4. Key words and phrases, and sources of information applicable to this section are included in R6-3-53500(B) of these rules.
E. Safety (Refusal of Work 515.65)
1. Suitability of the job, may be judged by whether the work would be unduly dangerous to the ordinary worker and whether work safeguards meet the standards of the industry.
2. A claimants personal characteristics, physical limitations, and lack of previous experience are contributing factors which should be examined.

Notes

Ariz. Admin. Code § R6-3-53515
Former rule number - Refusal of Work 515. - 515.65. Former rule repealed, new Section R6-3-53515 adopted effective January 24, 1977 (Supp. 77-1).

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