Vacate
CP-2024-ZP447-0019-ADOSH · Arizona Division of Occupational Safety and Health · 2025-07-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
BERRY GLOBAL, INC.,
Respondent
No. CP-2024-ZP447-0019-ADOSH
FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT
On July 12, 2024, the Arizona Division of Occupational Safety and Health (“ADOSH” or “Division”) conducted an inspection of BERRY GLOBAL, INC. (“Respondent” or “Berry Global”), located at 8400 West Jefferson Street, Tolleson, AZ 85353 (the “Worksite”). The Division assigned Inspection Number CP-2024-ZP447-0019 to this inspection. On December 11, 2024, the Division issued a Citations and Notification of Penalty with one Item under Citation 1 (Item 1-1).
Citation 1, Item 1-1 alleged a “Non Serious” violation of 29 CFR 1910.157(c)(1): “The employer shall provide portable fire extinguishers and shall mount, locate and identify them so that they are readily accessible to employees without subjecting the employees to possible injury.” Citation 1, Item 1-1 assessed a total penalty of $0.00.
WHEREAS, Respondent filed a timely notice of contest with respect to the above-mentioned Citations and Notification of Penalty, and the Division and Respondent (collectively, “Parties”) now desire to settle this matter without the necessity and uncertainty 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 litigating this matter.
The undersigned, having fully considered the file, records, and all other relevant matters, now enters Findings and Conclusions as follows:
FINDINGS AND CONCLUSIONS
1. The Parties have filed a Settlement Agreement (“Agreement”) resolving all issues and disputed involved in this matter. The Agreement is fully incorporated by reference and made a part of this document.
2. The Agreement is in furtherance of the purpose of industrial safety and is consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter, eliminating any need for and constituting a waiver of the right to hearing or any alternate determination on the merits of the citations, classifications, and stated penalties, and is hereby approved.
ORDER
1. IT IS ORDERED that the Division will delete Citation 1, Item 1-1, and delete the penalty in the amount of $0.00.
2. IT IS FURTHER ORDERED that a consultant(s) from ADOSH’s Consultation Team will visit the Worksite a total of two times by December 31, 2025, to evaluate, at no cost to Respondent, work practices and potential hazards (collectively, the “consultation visits”).
3. IT IS FURTHER ORDERED that:
The first consultation visit will occur on or before July 16, 2025 and begin at a time mutually agreed upon by the Parties. The start time for the first consultation visit will be confirmed in an email exchange between the ADOSH Consultation Unit and Mitchell Anderson ([email redacted]).
Within 30 days after the service date of this Findings and Order Approving Settlement Agreement, the Parties will select a mutually agreed upon date for the second consultation visit, which must occur on or before December 31, 2025.
The selected date and start time for the second consultation visit will be confirmed in an email exchange between the ADOSH Consultation Unit and Mitchell Anderson ([email redacted]).
4. IT IS FURTHER ORDERED that the results of any consultation visit, and any condition observed or noted in connection with any consultation visit, will remain confidential and cannot form the basis of any citation, penalty, or enforcement proceeding against Respondent.
5. IS FURTHER ORDERED that Respondent’s request in the Agreement to withdraw its Notice of Contest and Request for Hearing with regard to Inspection No. CP-2024-ZP447-0019-ADOSH is granted.
6. IT IS FURTHER ORDERED that each party is to bear its own attorney’s fees and costs.
7. IT IS FURTHER ORDERED that the hearing in this matter is vacated from the docket of the Office of Administrative Hearings and the matter is referred back 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 Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the Decision as provided by Arizona Revised Statutes §§ 23-421(C), 23-423(A), and 23-423(B). If no such request is made within the time provided, the Decision becomes final.
Office of Administrative Hearings
By: /s/Tammy L. Eigenheer
Tammy L. Eigenheer
Administrative Law Judge
DATED AND MAILED IN PHOENIX, ARIZONA, THIS 2nd DAY OF July, 2025.
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
CERTIFICATE OF SERVICE
The attached FINDINGS AND 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 and/or email on July 2, 2025.
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street
Phoenix, AZ 85007
[email redacted]
Complainant
Scott J. Cooley, Esq.
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for the Industrial Commission of Arizona
Mitchell J. Anderson, Esq.
Fisher & Phillips LLP
227 West Trade Street, Suite 2020
Charlotte, NC 28202
[email redacted]
Attorneys for Respondent
By: OAH Staff