Vacate
17F-1554719-ADOSH · Arizona Division of Occupational Safety and Health · 2022-09-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
F & D CONSTRUCTION,
Respondent
No. 17F-1554719-ADOSH
ORDER VACATING
HEARING
On September 15, 2021, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of an F & D Construction LLC (“Respondent”) worksite located at 1150 E. Vista Del Lago Dr., Tempe, AZ 85282, designated as Inspection No. V4364-1554719. This inspection resulted in the Division issuing a Citation and Notification of Penalty to Respondent on November 24, 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. The parties agree that it is in their respective best interests to settle this matter without going through the procedures, time and expense associated with litigation and a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On September 13, 2022, 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, the Settlement Agreement is incorporated by this reference, adopted, and made a part of this order.
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 1 Item 1 is reclassified from Serious to Non-serious with no reduction in the assessed penalty.
Citation 2 Item 1 stands as issued.
Citation 2 Item 2 is deleted in its entirety.
IT IS FURTHER ORDERED that:
In exchange for the reclassification and deletion above, the Respondent agrees to contact the Consultation Unit to schedule 2 consultation visits, at worksites of the Respondent’s choosing, within 60 days after service of this order, approving the Settlement Agreement (“the Agreement”).
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: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 13th day of September 2022.
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 the 13th day of September 2022:
Jessie Atencio, Director
Industrial Commission of Arizona
Division of Occupational Safety and Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Scott Cooley
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Hayley Cuevas Giron, Member/Owner
F & D Construction LLC
5825 South 25th Place
Phoenix, AZ 85040
[email redacted]
Respondent
By: c. serrano