Vacate
CP-2024-TN976-0028-ADOSH · Arizona Division of Occupational Safety and Health · 2024-11-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
LEVINSON CONSULTING LLC DBA VISION FLOORING,
Respondent.
No. CP-2024-TN976-0028-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On December 28, 2023 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a LEVINSON CONSULTING LLC DBA VISION FLOORING (“Respondent”) worksite, located at 480 East Warner Road, Suite 4, Chandler, AZ 85225 and designated as Inspection No. CP-2024-TN976-0028, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on May 31, 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 November 18, 2024, 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 in, 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 deleted in its entirety, including deletion of the assessed penalty of $3,349.00.
IT IS FURTHER ORDERED that:
In exchange for the deletion above, Respondent shall:
Provide forklift training and forklift training certificates to employees who operate forklifts for the Respondent;
Provide a copy of the Respondent’s Heat Stress Program; and
Schedule, within 30 days of the date of this order, two (2) consultation visits at worksites of Respondent’s choice, which will occur within one (1) year of the date of this order, by contacting Angela Murphy [602-542-1769; [email redacted]] of the ADOSH Consultation Unit.
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.
Office of Administrative Hearings
By: /s/ Jenna Clark
Jenna Clark
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 18th day of November 2024.
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 18th day of November 2024:
Brian Hudson, ADOSH Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington St., 2nd Fl.
Phoenix, AZ 85007
[email redacted]
Scott J. Cooley, Esq., Counsel for ADOSH
Legal Division
Industrial Commission of Arizona
800 W. Washington St., Ste. 303
Phoenix, AZ 85007
[email redacted]
Shane Levinson, CEO
Levinson Consulting LLC DBA Vision Flooring, Respondent
480 E. Warner Rd., Ste. 4
Chandler, AZ 85225
[email redacted]
By: OAH Staff