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CP-2024-ZP447-0023-ADOSH · Arizona Division of Occupational Safety and Health · 2025-05-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
DINE PLUS, LLC dba DENNY'S #9506
Respondent
No. CP-2024-ZP447-0023-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On July 31, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a Dine Plus, LLC dba Denny's #9506, (“Respondent”) worksite located at 1541 Main Street, San Luis, AZ 85349, designated as Inspection No. CP-2024-ZP447-0023, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on December 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 May 19, 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 this 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, which eliminates both the Serious classification and the assessed penalty of $11,524.00.
Citation 1 Item 2, the classification is changed from Serious to Nonserious and the assessed penalty is reduced from $11,524.00 to $0.00.
Citation 1 Item 3, the classification is changed from Serious to Nonserious and the assessed penalty is reduced from $11,524.00 to $0.00.
Citation 1 Item 4, the classification is changed from Serious to Nonserious and the assessed penalty is reduced from $11,524.00 to $0.00.
Citation 2 Item 1, is deleted in its entirety.
IT IS FURTHER ORDERED that:
In exchange for the above, Respondent agrees to:
Send current Safety Data Sheets for Luster Professional Low-temperature Detergent and Chlorine Sanitizer to ADOSH.
Participate in the Injury Prevention Association, as a representative of the Restaurant Industry.
Schedule two (2) consultation visits at sites of the Repondent’s choice, within 60 days from the date of this order approving the Settlement Agreement.
Replace eyewash bottles with a hard-plumbed eyewash station, which can also serve as a cooling station.
Ensure fire extinguishers receive annual certification and are inspected at least monthly.
Furnish personal protective equipment for dishwashers, such as gloves, safety glasses with side shields or goggles.
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 21st day of May 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 May 21, 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]
[email redacted]
Attorney for ADOSH
Emad Masaih, Member/Owner
Dine Plus, LLC dba Denny's #9506
4980 S. Alma School Rd, Suite #A2-414
Chandler, AZ 85248
[email redacted]
Respondent
By: OAH Staff