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CP-2024-MB431-0048-ADOSH · Arizona Division of Occupational Safety and Health · 2026-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

ENGINEERED CONCEPTS METAL FABRICATION, INC.,

Respondent

No. CP-2024-MB431-0048-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On April 10, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite Engineered Concepts Metal Fabrication, Inc. (“Respondent”) located at 9367 East Old Vail Road, Tucson, AZ 85747. Inspection No. CP-2024-MB431-0048. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on October 3, 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 March 31, 2026, 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 attached to, 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:

Citation 1 Item 1 is reclassified to non-serious, and the penalty is DELETED,

Citation 1, Item 2a is reclassified to non-serious, and the penalty is DELETED,

Citation 1 Item 2b is reclassified to non-serious, and the penalty remains $0.00.

Citation 1 Item 3a is reclassified to non-serious, and the penalty remains $0.00.

Citation 1 Item 3b is reclassified to non-serious, and the penalty remains $0.00.

Citation 1 Item 3c is reclassified to non-serious, and the penalty is DELETED.

Citation 1 Item 4a is reclassified to non-serious, and the penalty is DELETED

Citation 1 Item 4b is reclassified to non-serious, and the penalty remains $0.00.

Citation 1 Item 5 is reclassified to non-serious, and the penalty is DELETED

IT IS FURTHER ORDERED that The Respondent will:

Contact ADOSH within 60 days of the effective date of this Settlement Agreement to schedule one safety consultation visit with ADOSH Consultation Services

Schedule OSHA 10 Training within 60 days of the effective date of this Settlement Agreement.

Provide documentation, including receipts, within 60 days of the effective date of

this Settlement Agreement to evidence that three dust collection systems have been ordered.

Provide a Safety Plan within 60 days of the effective date of this Settlement

Agreement which will include a Personal Protective Equipment (PPE) plan, a Hazard Communication (HAZCOM) plan, forklift inspection procedures, and forklift training procedures.

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

Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 6th day of May 2026.

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’ representatives named below via email on the 6th day of May 2026.

Robert Irani, Esq.

[email redacted]

[email redacted]

Attorney for ADOSH

Neil Gintz, Owner

[email redacted]

Respondent

Brian Hudson, Director

[email redacted]

ADOSH

By: OAH Staff