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CP-2024-RS480-0125-ADOSH · Arizona Division of Occupational Safety and Health · 2025-04-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
DYNAMITE MANUFACTURING LLC
DBA MAN CAVE RV,
Respondent
No. CP-2024-RS480-0125-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On May 23, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Dynamite Manufacturing LLC dba Man Cave RV (“Respondent” or “Man Cave RV”) located at 2875 West Houston Avenue, Apache Junction, Arizona 85120, Inspection No. CP-2024-RS480-0125. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on November 21, 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:
On April 25, 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 as non-serious, and the associated civil penalty is deleted in its entirety.
IT IS FURTHER ORDERED that Respondent:
Produce a new policy that includes a schedule for electrical cord inspection and management within 30 days of the effective date of the Agreement.
Contact ADOSH Consultation within 60 days of the effective date of the Agreement to schedule three safety consultation visits with ADOSH within 18 months of the approval of the Settlement Agreement. Respondent agrees that one visit will focus on the development of continuity checks for electrical.
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 30th day of April, 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 30th day of April 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]
[email redacted]
Attorney for ADOSH
Brad Fanton
Member and Statutory Agent
2875 West Houston Avenue
Apache Junction, AZ 85120
[email redacted]
Respondent
By: OAH Staff