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CP-2024-EG419-0058-ADOSH · Arizona Division of Occupational Safety and Health · 2025-06-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant,
v
FOXLINK ARIZONA INC.
Respondent Employer.
No. CP-2024-EG419-0058-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On April 1, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a Foxlink Arizona Inc. (“Respondent”) worksite, located at 2140 West Pinnacle Peak Road, Phoenix, AZ 85027 and designated as Inspection No. CP-2024-EG419-0058, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on September 19, 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 June 18, 2025, 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 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 from Serious to Nonserious and the assessed penalty is reduced from $4839.00 to $0.00.
Citation 1 Item 1b is reclassified from Serious to Nonserious.
Citation 1 Item 1c is reclassified from Serious to Nonserious.
Citation 1 Item 2 is reclassified from Serious to Nonserious and the assessed penalty is reduced by fifty (50) percent from $8067.00 to $4033.50.
Citation 1 Item 3a is reclassified from Serious to Nonserious and the assessed penalty is reduced by fifty (50) percent from $6453.00 to $3226.50.
Citation 1 Item 3b is reclassified from Serious to Nonserious.
Citation 2 Item 1 remains Nonserious, with no assessed penalty.
Citation 2 Item 2 is deleted in its entirety.
Citation 2 Item 3, remains Nonserious, with no assessed penalty.
IT IS FURTHER ORDERED that:
In exchange for the reclassifications and penalty reductions above, Respondent agrees to take the following actions within 30 days of service of this order approving the Settlement Agreement (“Agreement”):
Retain Premier Risk Management, LLC or another industrial risk management organization (“PRM”) to provide training and unannounced safety visits for one year: four unannounced visits, each visit resulting in a report with photos, and abatement of hazards, if any.
During the year following approval of the Settlement Agreement, ensure that PRM provides Respondent with updates on OSHA standards.
Ensure that PRM conducts incident investigations and support submissions to ADOSH in a timely manner.
Through PRM, develop a Safety Plan for Respondent.
Schedule one (1) consultation visit, at a site of Respondent’s choosing, to be completed within 1 year after service of this order.
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: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 23rd day of June 2025.
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 23rd day of June 2025:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, Second 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
Alex Fang, Esq.
Legal Counsel
Foxlink International, Inc.
20883 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014
[email redacted]
Attorney for Respondent
Freddy Kuo, President
Foxlink Arizona Inc.
2140 West Pinnacle Peak Road
Phoenix, AZ 85027
Respondent
Jessie Atencio, General Manager
Premier Risk Management, LLC
1523 W. Whispering Wind Dr., #250 Phoenix, AZ 85085
[email redacted]
Respondent
By: OAH Staff