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CP-2024-JW184-0070-ADOSH · Arizona Division of Occupational Safety and Health · 2025-03-14
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant,
v.
NPL WEST LLC,
Respondent.
No. CP-2024-JW184-0070-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On March 21, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection of NPL WEST LLC (“Respondent”) worksite, located at Sun Valley Parkway and West Cactus Road, Buckeye, AZ 85396 and designated Inspection No. CP-2024-JW184-0070, resulting in ADOSH issuing a Citation and Notification of Penalty to Respondent on May 31, 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 February 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 this 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 1, including the assessed penalty of $7,260.00, is deleted in its entirety.
IT IS FURTHER ORDERED that:
In exchange for the deletion, Respondent shall:
Share knowledge of the “energy wheel system,” which breaks down types of energy associated with injury, such as temperature related to heat illness, to enhance hazard recognition by managers and employees, providing a copy of the energy wheel system documents to ADOSH within 30 days after service of this order approving the Settlement Agreement (“Agreement”);
Participate in the Fatality Reduction Alliance in 2025;
Participate in the Injury Reduction Alliance in 2025;
Participate or assist in the ADOSH Safety Summit in 2025;
Produce the Respondent’s heat prevention plan; and
Contact the Consultation Unit to schedule two consultation visits, at sites of the Respondent’s choosing, within 30 days after service of the order approving the Settlement Agreement, to be completed within 1 year after approval of the 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: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 14th day of March 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 14th day of March 2025:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 85007
[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
Adele L. Abrams, Esq.
Law Office of Adele L. Abrams, P.C. 4740 Corridor Place Beltsville, MD 20705
[email redacted]
Attorney for Respondent
By: ___________________________