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CP-2024-MS021-0030-ADOSH · Arizona Division of Occupational Safety and Health · 2025-12-22
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
CITY OF GLOBE MUNICIPAL PROPERTY CORPORATION,
Respondent
No. CP-2024-MS021-0030-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On August 7, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of City of Globe Municipal Property Corporation, (“Respondent”) worksite located at 2005 W Pinal Creek Road, Globe, AZ 85501, Inspection No.: CP-2024-MS021-0030 resulting in the issuance of a Citation and Notification of Penalty to Respondent on February 6, 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 litigating through a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On December 4, 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
1. Citation 1 Item 1a shall be deleted.
2. Citation 1 Item 1b shall be deleted.
3. Citation 1 Item 1c shall be deleted.
4. Citation 1 Item 2 shall be deleted.
5. Citation 2 Item 1 shall be deleted.
IT IS FURTHER ORDERED that Respondent is required to:
1. Undertake to become a member of the ADOSH Public Entities Partnership Program (PEPP) for a two-year term, to assist in building a safety management system, within 30 days of the effective date of this Settlement Agreement. Any extension in time will be granted at the discretion of the ADOSH Director.
2. Provide documentation to demonstrate membership in the PEPP within 60 days of the effective date of this Settlement Agreement. Respondent consents and authorizes the sharing of such information with the ADOSH Director.
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 23-422(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 22nd day of December 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 the 22nd day of December 2025:
Brian Hudson, Director
Industrial Commission of Arizona
Division of Occupational Safety and Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Erin Goeman
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
John Angulo
Public Works Director
City of Globe Municipal Property Corporation
150 N. Pine St
Globe, AZ 85501
[email redacted]
Respondent
By: OAH Staff