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CP-2024-T3633-0143-ADOSH · Arizona Division of Occupational Safety and Health · 2025-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

LATITUDE SOUTH, CORP. (FN),

Respondent

No. CP-2024-T3633-0143-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On January 12, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Latitude South, Corp. (FN) (“Respondent” or “Latitude”) located at 949 W Silverlake Road, Tucson, Arizona 85713 (“Tucson Location”), Inspection No. CP-2024-T3633-0143. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on June 28, 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 January 22, 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 to a serious violation and the civil penalty is reduced to $16,131.00.

IT IS FURTHER ORDERED that Respondent:

Conduct all-hands training on Lockout Tagout (“LOTO”) and machine guarding at the Tucson Location within 60 days of the effective date of the Settlement Agreement.

Hire a third-party to assess guarding on all Panasonic booths at the Tucson Location within 90 days of the effective date of the Settlement Agreement.

Conduct monthly meetings at the Tucson Location regarding various safety topics including PPE, LOTO, and machine guarding, in addition to weekly safety meetings.

Contact ADOSH Consultation within 60 days of the effective date of the Settlement Agreement to schedule two safety consultation visits with ADOSH in the 12-month period following the effective date of the Settlement Agreement.

Shall pay the assessed penalty within 30 days of the effective date of the Settlement Agreement.

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 Eigenheer,

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 4th day of February 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 4th day of February 2025:

Brian Hudson

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Sophia Cox

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Michael Rubin, Esq.

Jeff Leslie, Esq.

Sarah Fisher, Esq.

Esplanade Center III

2415 East Camelback Road, Suite 800

Phoenix, AZ 85016

(602) 778-3770

[email redacted]

Respondent Attorneys

By: OAH Staff