Vacate
CP-2024-JW184-0117 · 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.
OBH, LLC., DBA ORIGINAL BREAKFAST HOUSE
Respondent
No. CP-2024-JW184-0117
ORDER VACATING
HEARING
On September 26, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection at a worksite of OBH, LLC dba Original Breakfast House, (“Respondent”), located at 13623 North 32nd Street, Phoenix, AZ 85032 and designated as Inspection No. CP-2024-JW184-0117. This inspection resulted in Complainant issuing a Citation and Notification of Penalty (“Citation”) to Respondent on January 16, 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:
On August 21, 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 is reclassified from Serious to Nonserious and the assessed penalty of $8,067.00 is deleted.
Citation 1 Item 2a remains classified as Serious, but the assessed penalty is reduced from $8,067.00 to $6,000.00.
Citation 1 Item 2b remains classified as Serious with no assessed penalty.
Citation 1 Item 2c remains classified as Serious with no assessed penalty.
Citation 1 Item 3 is deleted in its entirety, including deletion of the $8,067.00 assessed penalty.
Citation 2 Item 1, Nonserious violation with no assessed penalty, is deleted in its entirety.
IT IS FURTHER ORDERED that:
In exchange for the above, Respondent agrees to provide:
a. A Service Overview identifying services provided by safety consultant Premier Risk Management, LLC;
b. A receipt showing the monthly cost of HD-53, a degreaser substituted for Super 8 Sanitizer; and
c. Information regarding safety topics covered in the Original Breakfast House Safety Policy, effective for 2025, the Safety Data Sheet for degreaser HD-53, and class rosters and results for recent fire protection, eyewash, and hazard communication classes conducted by Premier Risk Management, LLC.
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 12th 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 this 12th day of September 2025:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 86007
[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
OBH, LLC dba Original Breakfast House
c/o David Howard, Founder/CEO
Jessie Atencio, General Manager
Premier Risk Management, LLC
1523 W. Whispering Wind Drive, Suite 250 Phoenix, Arizona 85305
[email redacted]
[email redacted]
Respondent Representative
By: OAH Staff