Vacate

CP-2024-EG419-0084-ADOSH · Arizona Division of Occupational Safety and Health · 2026-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

ELITE PAIN AND SPINE INSTITUTE PLC,

Respondent

No. CP-2024-EG419-0084-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On September 23, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Elite Pain and Spine Institute, PLC. (“Respondent” or “Elite Pain and Spine Institute, PLC.”) located at 1641 East Osborn Road, Suite 6, Phoenix, AZ 85016. Inspection No. CP-2024-EG419-0084This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on March 6, 2025.

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:

1. On January 27, 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.

2. 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 will be reclassified from “Serious” to “Non-Serious”, and the assessed penalty will be reduced to $750.00.

Citation 1 Item 2 will remain “Serious”, and the assessed penalty will be reduced to $750.00.

Citation 1 Item 3 will be deleted in its entirety.

Citation 2 Item 1 will remain Non-Serious.

IT IS ACKNOWLEDGED that Respondent has provided ADOSH with:

Proof of bloodbourne pathogen training for all employees.

Proof of HepB training for all employees.

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

Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 4th day of February, 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’ representatives named below via email on the 4th day of February 2026.

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

[email redacted]

Jon Ross, Practice Manager

[email redacted]

Christina M. Lopez

Industrial Commission of Arizona

[email redacted]

By: OAH Staff