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CP-2024-AM866-0006-ADOSH · Arizona Division of Occupational Safety and Health · 2025-06-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

MSR-FSR LLC,

Respondent Employer.

No. CP-2024-AM866-0006-ADOSH

FINDINGS AND ORDER

On January 29, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Division”) conducted an inspection of MSR-FSR, LLC at 280 North Roosevelt Avenue, Chandler, AZ 85226, resulting in the issuance of a Citation on July 19, 2024.

Citation 1, Item 1 was issued for an alleged Serious violation of 1910.164(d)(1). Citation 1, Item 1 had an assessed penalty of $7,813.00.

Citation 1, Item 2 was issued for an alleged Serious violation of 1910.303(b)(7)(iv). Citation 1, Item 2 had an assessed penalty of $7,813.00.

Citation 2, Item 1 was issued for an alleged Non-Serious violation of 1910.134(d)(3)(iii)(B)(2). Citation 2, Item 1 had an assessed penalty of $0.00.

Respondent filed a timely Notice contesting the Citation on July 30, 2024.

A hearing on this matter is not currently before the Office of Administrative Hearings (“OAH”).

Having fully considered the file, records, and all other relevant matters, the OAH enters Findings and Conclusions as follows:

FINDINGS AND CONCLUSIONS

The parties have filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement fully appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act, A.A.C. R20-5-827. Accordingly, the Settlement Agreement is by this reference adopted herein and made a part hereof.

The terms of the Settlement Agreement provide that Citation 1, Item 1 shall be reclassified from Serious to Non-Serious and shall be reduced from $7,813.00 to $1,953.25.

Citation 1, Item 2 shall be reclassified from Serious to Non-Serious and the penalty shall be reduced from $7,813.00 to $1,953.25.

Citation 2, Item 1 shall be deleted.

Respondent agrees to the following:

Within fourteen (14) days after the date that the OAH approves the Findings and Order Confirming Settlement Agreement (“Order”), Respondent agrees to deliver a bank check or money order in the amount of $3,906.50 made out to “Industrial Commission of Arizona” and mail or the payment will be delivered the check to Scott J. Cooley, Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.

Within twelve (12) months after the date that the OAH approves the Order, Respondent agrees to schedule and participate in two (2) ADOSH consultations.

After the date that the OAH approves the Order, the Company agrees to participate in the Injury and Fatality Alliance for at least two (2) years.

The Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.

ORDER

IT IS HEREBY ORDERED that, Citation 1, Item 1 shall be reclassified from Serious to Non-Serious with $1,953.25 penalty.

Citation 1, Item 2 shall be reclassified from Serious to Non-Serious with $1,953.25 penalty.

Citation 2, Item 1 shall be deleted.

IT IS FURTHER ORDERED that the Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.

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

NOTICE:

Any party dissatisfied with this Decision may request review by the Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the 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, the Decision becomes final.

DATED June 16, 2025.

By: Tammy L. Eigenheer

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 this 16th day of June 2025:

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

[email redacted]

Julie A. Pace

PSGM Law

[email redacted]

Scott J. Cooley

Industrial Commission of Arizona

[email redacted]

By: OAH Staff