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CP-2023-A7717-0039-ADOSH · Arizona Division of Occupational Safety and Health · 2024-06-19
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
GRAND CANYON CAVERNS & INN, LLC
Respondent
No. CP-2023-A7717-0039-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On February 3, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection of a GRAND CANYON CAVERNS AND INN, LLC, (“Respondent”) worksite located at Mile Marker 115 AZ-66, Peach Springs, AZ 86434, Inspection No. CP-2023-A7717-0039, which resulted in the issuance of a Citation and Notification of Penalty (Citation) to Respondent on April 7, 2023.
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 litigation and a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On June 13, 2024, 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 retains the Serious classification, but the assessed penalty is reduced by 50 percent to $1,786.00.
Citation 1 Item 2a retains the Serious classification, but the assessed penalty for the grouped violations of Citation 1 Item 2a and Citation 1 Item 2b is reduced by 50 percent to $1,339.00.
Citation 1 Item 2b retains the Serious classification with no assessed penalty, apart from the assessed penalty for the grouped violations of Citation 1 Item 2a and Citation 1 Item 2b, addressed in paragraph 2.
Citation 2 Item 1 retains the Non-serious classification with no assessed penalty.
IT IS FURTHER ORDERED that:
In exchange for the 50 percent reduction in the assessed penalties, Respondent agrees to provide proof of abatement, specifically photographs of installation of a handrail and protection of the hole at issue in this matter within 90 days from the date of the order approving the Settlement Agreement (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 the decision as provided by Arizona Revised Statutes §§ 23-421(C) and 23-423(A) and (B). If no request is made within the time provided, this Decision becomes final.
By: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer
Administrative Law Judge
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 June 2024:
Brian Hudson
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 85007
[email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Denten D. Robinson, Esq.
DR Law PLLC
1930 East Brown Road, Suite 103
Mesa, AZ 85203
[email redacted]
Attorney for the Respondent
By: ___________________________