Vacate
CP-2023-R0175-0019-ADOSH · Arizona Division of Occupational Safety and Health · 2024-07-25
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v
LIGNETICS OF ARIZONA, LLC.
Respondent
No. CP-2023-R0175-0019-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On February 23, 2023 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a Lignetics of Arizona, LLC, (“Respondent”) worksite, located at 1001 North 40th Street, Show Low, AZ 85901, designated as Inspection No. CP-2023-R0175-0019, which resulted in the issuance of a Citation and Notification of Penalty to the Respondent on August 16, 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 July 24th, 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 the Settlement Agreement.
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:
1. Citation 1 Item 1 is reclassified from Serious to Nonserious and the assessed penalty remains $4,687.50.
2. Citation 1 Item 2 stands as issued with a Serious classification and the assessed penalty remains $3,515.25.
3. Citation 1 Item 3 is reclassified from Serious to Nonserious and the assessed penalty remains $3,515.25.
4. Citation 2 Item 1 stands as issued with a Nonserious classification and no assessed penalty.
5. Citation 2 Item 2 stands as issued with a Nonserious classification and no assessed penalty.
6. Citation 2 Item 3 stands as issued with a Nonserious classification and no assessed penalty.
7. Citation 2 Item 4 stands as issued with a Nonserious classification and no assessed penalty, however only paragraphs (a) and (b) are retained, while paragraphs (c) through (f) are deleted.
8. Citation 2 Item 5 is deleted in its entirety, eliminating the Nonserious classification with no assessed penalty.
9. Citation 2 Item 6 stands as issued with a Nonserious classification and no assessed penalty.
10. Citation 2 Item 7 stands as issued with a Nonserious classification and no assessed penalty.
IT IS FURTHER ORDERED that:
11. In exchange for the reclassifications and deletions above, Respondent agrees to: (1) for Citation 2 Item 1, abate the hazard by designating the area as a “Confined Space”; (2) obtain written approval from a qualified Registered Professional Engineer on the self-dumping hoppers at the worksite inspected; (3) document its evaluation of all PIT operators at worksite inspected for competency; and (4) contact the Consultation Unit of the Division and schedule a consultation visit at a site of the Respondent’s choosing within 90 days (three months) after service 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 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: /s/ Tammy L. Eigenheer
The Honorable Tammy Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 25th day of July 2024.
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 24th day of July 2024:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 86007
[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
Lignetics of Arizona, LLC
c/o J. Micah Dickie, Esq.
Fisher & Phillips, LLP
1230 Peachtree Street NE, Suite 3300
Atlanta, GA 30309
[email redacted]
Respondent
By: OAH Staff