Vacate

CP-2024-JW184-0076-ADOSH · Arizona Division of Occupational Safety and Health · 2025-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

CAPILANO PROPERTIES #2 LLC DBA CENTRAL ON BROADWAY,

Respondent

No. CP-2024-JW184-0076-ADOSH

ORDER VACATING

HEARING

On April 23, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Capilano Properties #2 LLC, DBA Central On Broadway (“Respondent”)’s worksite located at 2145 West Broadway Road, Mesa, Arizona 85202, Inspection No. CP-2024-JW184-0076 resulting in the issuance of a Citation and Notification of Penalty to Respondent on July 25, 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 litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On November 12, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.

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 No. 1(a), Citation 1, Item No. 1(b) and Citation 2, Item No. 2 shall be deleted in their entirety.

IT IS FURTHER ORDERED that Citation No. 1, Item No. 2 shall be reclassified from “Serious” to “Non Serious,” reduce the penalty 50% to $4,033.50, and amend the alleged standard violation from 1926.501(b)(10) to 1910.28(b)(1)(i).

IT IS FURTHER ORDERED that Citation No. 1, Item No. 3 shall be reclassified from “Serious” to “Non Serious” with no associated penalty and amend the alleged standard violation from 1926.503(a)(1) to 1910.30(a)(1).

IT IS FURTHER ORDERED that Citation No. 2, Item No. 1 shall be accepted as written.

IT IS FURTHER ORDERED that Respondent shall:

Train Phoenix based management employees in OSHA 10 hour.

Provide ladder safety training for any Phoenix-metro based employees who use ladders and provide ADOSH documentation of completion.

Provide fall protection training for any Phoenix-metro based employees who are exposed to fall hazards under 1910 standards and provide ADOSH documentation of completion.

Request one (1) consultation visit to take place at a Respondent selected location at a mutually convenient date and time.

Establish a new policy for the removal of any heavy equipment or material for rooftops and provide the new policy to ADOSH.

Establish a new policy for erecting an exclusion zone where material may be dropped from rooftop and provide the new policy to ADOSH.

Provide documentation of money spent on ensuring health and safety after the issuance of the July 2025 citations.

Submit your heat illness protection policy (“HIPP”).

The parties covenant and agree that the abatement items described in Paragraph No. 7, items 1-8 will be completed within sixty (60) days of the execution of the Findings and Order confirming settlement.

IT IS FURTHER ORDERED that Respondent shall pay the sum of $4,033.50 to Complainant and said payment must be received by Complainant within fourteen (14) days of the execution of the Findings and Order confirming settlement.

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 signing of this Findings and Order.

By: Samuel Fox

The Honorable Samuel Fox

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 14 DAY OF NOVEMBER, 2025.

Transmitted by either mail, e-mail, or facsimile to:

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

[email redacted]

Tracy Adam Kopp

Operations Director, Premier Risk Management

[email redacted]

Sophia Cox

Industrial Commission of Arizona

[email redacted]

[email redacted]

Dawn L. Davis

SNELL & WILMER L.L.P.

[email redacted]

[email redacted]

[email redacted]

By: OAH Staff