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CP-2022-F9669-0016-ADOSH · Arizona Division of Occupational Safety and Health · 2023-02-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

Red's Plastering, Inc.

Respondent

No. CP-2022-F9669-0016-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On July 5, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Red’s Plastering, Inc.’s (“Respondent”) worksite located at 2317 S. 15th Avenue, Phoenix, Arizona 85007, Inspection No. CP-2022-F9669-0016 resulting in the issuance of a Citation and Notification of Penalty to Respondent on July 13, 2022.

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 February 3, 2023, 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 shall take the following actions:

Conduct fall protection training for all foremen, superintendents, and all scaffold crew employees on or before December 10, 2022;

Conduct fall protection training for all other field employees not mentioned in subparagraph 2a on or before February 28, 2023;

Participate in management OSHA training, to be provided by Charles P. Keller on or before January 30, 2023; and

Request via the Consultation Survey Request Form and participate in two ADOSH consultation visits. Both such visits shall be scheduled within six months of the date of the signed Findings and Order Approving Settlement Agreement.

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

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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 L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 3rd DAY OF FEBRUARY, 2023.

Transmitted by either mail, e-mail, or facsimile February 3, 2023 to:

Jessie Atencio, Director

Arizona Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Jo-Ann Handy

Industrial Commission of Arizona

Legal Division

800 W. Washington St. Suite 303

Phoenix, AZ 85007

[email redacted]

Charles P. Keller, Esq.

Snell & Wilmer, L.L.P.

400 E. Van Buren St Suite 1900

Phoenix, AZ 85004

[email redacted]

By: OAH Staff