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CP-2024-TN976-0035-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
v
FLEMING TRAILERS, INC.,
Respondent
No. CP-2024-TN976-0035-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On January 30, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a Fleming Trailers, Inc. (“Respondent”) worksite, located at 17033 N 63rd Ave., Glendale, AZ 85308, and designated Inspection No. CP-2024-TN976-0035. The inspection resulted in the issuance of a Citation and Notification of Penalty to Respondent on July 12, 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 February 4, 2025, the parties filed a Settlement Agreement (“Agreement”) resolving all issues and disputes involved in this matter. The 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 Agreement is incorporated by this reference, adopted in, and made a part of the Agreement.
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 1a is reclassified from Serious to Non-serious and the assessed penalty is reduced from $2,678.00 to $750.00.
Citation 1 Item 1b is reclassified from Serious to Non-serious and the assessed penalty remains 0.00.
Citation 1 Item 1c is reclassified from Serious to Non-serious and the assessed penalty remains 0.00.
Citation 1 Item 1d is reclassified from Serious to Non-serious and the assessed penalty remains 0.00.
Citation 1 Item 2 is reclassified from Serious to Non-serious and the assessed penalty of $3,572.00 is reduced to $1,000.00.
Citation 1 Item 3a is reclassified from Serious to Non-serious and the assessed penalty of $2,678.00 is reduced to $750.00.
Citation 1 Item 3b is reclassified from Serious to Non-serious and the assessed penalty remains 0.00.
Citation 2 Item 1 remains Non-serious with an assessed penalty of 0.00.
Citation 2 Item 2 remains Non-serious with an assessed penalty of 0.00.
IT IS FURTHER ORDERED that:
In return for the reclassification and penalty reduction, Respondent agrees to:
Purchase equipment and materials, including a gantry crane, welding partitions, and new full-face masks, valued at $13,016.00.
Provide an enhanced training and safety program, valued at $28,080.00.
Appoint a safety lead, who oversees safety-related matters and conducts weekly safety training during production meetings.
Provide increased safety supervision by supervisors and managers, including daily and hourly safety checks.
Conduct a quarterly safety walkthrough with senior management to identify areas for safety improvement and prompt remedial action.
Within 30 days after service of the order approving this Settlement Agreement (the “Agreement”), schedule a consultation visit regarding respiratory protection, with the goal of improving safety programs and qualifying for the Safety and Health Achievement Recognition Program (SHARP) within 12 months from the date of the order.
Have the President conduct two speaking engagements, valued at $4,000.00 each, to educate other businesses on slip and fall prevention strategies.
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 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, Director
Industrial Commission of Arizona
Division of Occupational Safety and Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Thom R. Disch, President
Fleming Trailers, Inc.
17033 N 63rd Ave
Glendale, AZ 85308
[email redacted]
Respondent
By: OAH Staff