Vacate

CP-2024-TM082-0026-ADOSH · Arizona Division of Occupational Safety and Health · 2025-01-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v

IN-CIDE TECHNOLOGIES, INC.,

Respondent.

No. CP-2024-TM082-0026-ADOSH

ORDER VACATING

HEARING

On January 26, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection of an In-Cide Technologies, Inc. (“Respondent”) worksite located at 50 N. 41st Avenue, Phoenix, AZ 85009, designated as Inspection No. CP-2024-TM082-0026, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on July 19, 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. The 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 14, 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 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 “De minimus,” with a 50 percent reduction in the assessed penalty, from $7,813.00 to $3,906.50.

Citation 1 Item 2 is reclassified from Serious to Nonserious, with a 50 percent reduction in the assessed penalty, from $7,813.00 to $3,906.50.

Citation 2 Item 1 retains the Nonserious classification and no assessed penalty.

IT IS FURTHER ORDERED that:

In exchange for the reclassifications and penalty reductions above, Respondent shall take the following actions within 30 days of service of this order approving the Settlement Agreement (“Agreement”):

Update and provide to ADOSH Respondent’s Hazard Communication Program, listing boric acid, sulfuric acid, and any additional hazardous chemicals Respondent is using;

Develop and provide to ADOSH documentation that all employees have received Hazard Communication training;

Develop and provide to ADOSH a Heat Illness Prevention Plan; and

Schedule 2 visits at sites of Respondent’s choice with the Consultation Unit of the Division, which will take place within one year from the date of service of this order approving the Agreement.

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 15th day of January 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 15th day of January 2025:

Brian Hudson, Director

Division of Occupational Safety and Health

Industrial Commission of Arizona

[email redacted]

ADOSH Director

Scott J. Cooley, Esq.

Legal Division

Industrial Commission of Arizona

[email redacted]

Attorney for ADOSH

Brian C. Chien, Corporate Secretary

In-Cide Technologies, Inc.

[email redacted]

Respondent

By: OAH Staff