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CP-2023-Q6169-0037-ADOSH · Arizona Division of Occupational Safety and Health · 2026-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v

EMJ CONSTRUCTION, LLC.

Respondent

No. CP-2023-Q6169-0037-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On July 28, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of EMJ Construction, LLC (“Respondent”) located at 9975 West Encanto Boulevard, Avondale, AZ 85392. Inspection No. CP-2023-Q6169-0037. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on January 26, 2024.

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 March 20, 2026, 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 1a is reclassified as a “Non-Serious” violation of CFR 1926.502(k)(6), with an assessed penalty of $7,032.00.

In exchange, Respondent would be required to:

Conduct biweekly inspections at Arizona jobs for a period of one (1) year from approval of the Settlement Agreement. Upon completion of one year, Respondent will summarize its efforts, lessons, and success during that 12-months and describe the approach it plans to utilize going forward with Arizona jobs.

Participate in one (1) consultation visit at sites of Respondent's choice, scheduled within 30 days of approval of the Settlement Agreement and completed within one year of approval of the Settlement Agreement.

Provide copy of respondent’s heat prevention plan within 60 days of approval of the Settlement Agreement.

Prohibit framing subcontractors from using Alternative Fall Protection Plans at its sites.

The parties understand and agree that any hearings that have been set will be canceled and not be re-set.

The parties acknowledge that any modification to a citation or penalty level, or any deletion with the associated penalty in this agreement are contingent upon the Respondent’s to substantially comply with the terms of this settlement agreement constitutes a breach of the agreement. Any breach shall mean that all originally issued citations are reinstated and affirmed as a final order of the Commission and all unpaid amounts shall become due and payable 15 calendar days following the breach.

Respondent shall submit all documentation and correspondence required under sections 2a-d via email to [email redacted] and ADOSH attorney at [email redacted].

IT IS FURTHER ORDERED that each party is to bear its own attorney’s fees and costs.

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, 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 23-423(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 6th day of May 2026.

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 6th day of May 2026:

Brian Hudson, Director

[email redacted]

ADOSH

Robert Irani, Esq.

[email redacted]

[email redacted]

Attorney for ADOSH

Lori A. Guner, Esq.

Fisher Phillips LLP

[email redacted]

Howard A. Mavity, Esq.

[email redacted]

Attorneys for Respondent Employer

By: OAH STAFF