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CP-2024-JW184-0075-ADOSH · Arizona Division of Occupational Safety and Health · 2025-09-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

L & D NEW CORP. DBA L & D HYDRAULICS,

Respondent

No. CP-2024-JW184-0075-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 22, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at a worksite location of L & D New Corp. dba L & D Hydraulics (“Respondent” or “L & D Hydraulics”) located at 2425 West Louise Drive, Phoenix, AZ 85027, Inspection No. CP-2024-JW184-0075.

WHEREAS, Respondent 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 September 10, 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 will remain “Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 1 Item 2a will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 1 Item 2b will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will remain $0.00.

Citation 1 Item 2c will be deleted.

Citation 1 Item 3 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 1 Item 4 will remain “Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 1 Item 5 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 1 Item 6 will remain “Serious”, and the assessed penalty will be reduced to $2,305.00.

Citation 2 Item 1 will be deleted.

Citation 2 Item 2 will remain as written.

IT IS FURTHER ORDERED that Respondent:

Undertake two safety consultation visits by ADOSH within 12 months of the effective date of the Settlement Agreement.

Produce a heat illness prevention plan within 60 days 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 12th day of September 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 12th day of September 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]

Attorney for ADOSH

Jessie Atencio

Premier Risk Management

[email redacted]

For Respondent Employer

By: OAH Staff