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17F-1487321-ADOSH · Arizona Division of Occupational Safety and Health · 2021-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,

Complainant

v.

CITY OF MESA-FLEET SERVICES,

Respondent

No. 17F-1487321-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On August 7, 2020 through August 10, 2020, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent City of Mesa, Fleet Services Department’s (“Respondent”) worksite located at 6935 E. Decatur Street, Mesa, Arizona 85207, Inspection No. V4364-1487321 resulting in the issuance of a Citation and Notification of Penalty to Respondent on January 11, 2021.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citation, and the Division and Respondent now desire to settle this matter without the necessity of a formal hearing, both parties agree that it is in their respective best interests to settle this matter without going through the procedures, time and expense associated with litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On June 30, 2021, the parties filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act. Accordingly, pursuant to A.A.C. R20-5-827 of the Occupational Safety and Health Rules of Procedure Before the Industrial Commission of Arizona, said Settlement Agreement is by this reference adopted herein and made a part hereof.

The Settlement Agreement is in furtherance of the purpose of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter.

ORDER

IT IS HEREBY ORDERED that Citation No. 1, Item No. 1 shall be deleted it its entirety.

IT IS FURTHER ORDERED that Respondent’s Fleet Services Department will participate in the Public Entity Partnership Program (“PEPP”) for a period of one year from the date of issuance of the Findings & Order, during which time the Fleet Services Department and ADOSH Consultation shall participate in four consultation site visits, to be scheduled at a mutually convenient time. Such visits will seek to review and possibly improve the Fleet Services Department’s written safety programs as well as a review of the Fleet Services Department workplace focusing on general safety matters.

IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.

NOTICE

Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after service of this Decision as provided by Arizona Revised Statutes, §§ 23-421 C and 23-422 A and B. If no such request is made within the time provided, this Decision becomes final.

By: /s/ Tammy L. Eigenheer

The Honorable Tammy Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS _8th ___ DAY OF __July_______, 2021.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT was placed in, and is now a part of, the Office of Administrative Hearings file and was served on the parties named below via mail/email/facsimile on July 8, 2021:

Jessie Atencio, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

Afshan Peimani, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

Charles P. Keller, Esq.

Snell & Wilmer L.L.P.

400 E. Van Buren Street, Suite 1900

Phoenix, AZ 85004

By: c. serrano