Vacate

CP-2024-VM508-0035-ADOSH · Arizona Division of Occupational Safety and Health · 2024-10-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

BACKYARD ACCENTS, L.L.C. DBA KOKOMO GRILLS, Respondent.

No. CP-2024-VM508-0035-ADOSH

ORDER VACATING

HEARING

On January 9, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Backyard Accents, L.L.C. dba Kokomo Grills (“Respondent” or “Backyard Accents”) located at 1325 East Gibson Lane, Phoenix, Arizona 85034, Inspection No. CP-2024-VM508-0035. 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 October 16, 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 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 1a assessed penalty will be reduced to $1,953.25.

Citation 1 Item 2 assessed penalty will be reduced to $1,953.25.

Citation 1 Item 3a assessed penalty will be reduced to $1,953.25.

IT IS FURTHER ORDERED that Respondent:

Produce a heat illness prevention plan within 30 days of the effective date of the Settlement Agreement.

Undertake four safety consultation visits from a third party or ADOSH within 12 months of the effective date of the Settlement Agreement to assist in building a safety management system and provide documentation of the visits within 30 days of each visit to ADOSH.

Produce additional abatement documentation provided and verified to ADOSH within 30 days of the effective date of the Settlement Agreement.

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

IT IS FURTHER ORDERED that each party is to bear its own attorney’s fees and costs.

IT IS FURTHER ORDERED vacating the hearing and remanding the above-entitled matter to the Arizona Division of Occupational Safety and Health of the Industrial Commission of Arizona.

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: Velva Moses-Thompson

The Honorable Velva Moses-Thompson,

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 16th day of October 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 October 16, 2024:

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

Casey Hook

[email redacted]

Rhonda Spencer

[email redacted]

Respondent

By: OAH Staff