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CP-2024-JW184-0053-ADOSH · Arizona Division of Occupational Safety and Health · 2025-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY No. CP-2024-JW184-0053-ADOSH AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA ORDER VACATING Complainant HEARING

v. EWD, INC. DBA ROOF RITE Respondent On January 2, 2024, the Division of Occupational Safety and Health of the

Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of E W D,

Inc. dba Roof Rite (“Respondent” or “Roof Rite”) located at 6046 S 40th St, Phoenix, AZ 85042 Inspection No. CP-2024-JW184-0053. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on May 17,

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: 1. On January 28, 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 Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 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: 1. Citation 1 Item 1 will be reclassified from “Repeat-Serious” to “Serious” and the assessed penalty will be reduced to $6,697.00.

2. Citation 2 Item 1 will remain as written.

3. Citation 2 Item 2 will remain as written. IT IS FURTHER ORDERED that Respondent:

1. Produce a copy of the contract with the third party safety consultant that

states the amount of funds to be allocated for the services, within 30 days of the effective date of the settlement agreement. 2. Provide proof of employee training on the fall protection training plan that

also includes stop work authority, including training materials utilized for that training, within 30 days of the effective date of the settlement agreement.

3. Produce the fall protection training plan within 30 days of the effective date of the settlement agreement.

4. Produce a heat illness prevention plan within 30 days of the effective date

of the Settlement Agreement. 5. Undertake three safety consultation visits by ADOSH within 18 months of the effective date of the settlement agreement.

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 5th day of February 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 5th day of February 2025:

Brian Hudson Division of Occupational Safety & Health 800 W. Washington Street Phoenix, AZ 86007 [email redacted] ADOSH Director Robert Irani Legal Division Industrial Commission of Arizona 800 W. Washington Street, Suite 303 Phoenix, AZ 85007 [email redacted] [email redacted] Attorney for ADOSH E W D, Inc. dba Roof Rite c/o Bill Cooper, Safety Consultant 7655 East Mawson Road Mesa, AZ 85207 [email redacted] Respondent

By: OAH Staff