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CP-2025-AH685-0005-ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
ARIZONA RESTAURANT SUPPLY INC.
Respondent
No. CP-2025-AH685-0005-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On August 14, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Arizona Restaurant Supply, Inc., (“Respondent” or “Arizona Restaurant Supply, Inc.”) located at 2639 E. Chambers St. Phoenix, Arizona 85004, Inspection No. CP-2025-AH685-0005. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on October 30, 2025.
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 27, 2026, 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 1b will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will remain $0.00.
Citation 1 Item 1a will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $3,000.
Citation 1 Item 2 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $0.00.
Citation 1 Item 3 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $3,000.
Citation 2 Item 1 will be deleted.
Citation 2 Item 2 will be deleted.
Citation 2 Item 3 will be deleted.
IT IS FURTHER ORDERED that Respondent:
Provide ADOSH with a copy of its fire extinguisher inspection contract within 30 days of the effective date of the Settlement Agreement.
Provide ADOSH with a copy of its fire extinguisher training for employees, and show proof that the fire extinguisher training is part of the on-boarding training for all new hires within 30 days of the effective date of the Settlement Agreement.
Provide ADOSH with a copy of its Emergency Response Plan within 30 days of the effective date of the Settlement Agreement.
Provide ADOSH with the Safety Lead’s proof of registration and enrollment in an OSHA 511 course within 60 days of the effective date of the Settlement Agreement.
Register the Safety Lead for ADOSH 101 Basic Root Cause Analysis for Beginners within 60 days of the effective date of the Settlement Agreement.
Register All Supervisors and the Safety Lead for ADOSH 101 Effective Accident Investigation for Supervisors within 60 days of the effective date of the Settlement Agreement.
Register all Supervisors in an OSHA 10 Course and provide ADOSH with confirmation of completion of the course for all Supervisors within 60 days of the effective date of the Settlement Agreement.
Schedule a pre-SHARP application visit with ADOSH Consultation within 60 days of the effective date of the Settlement Agreement. The visit shall be completed within 6 months of the effective date of the Settlement Agreement. Any issues found during the Pre-SHARP application visit shall be abated within 30 days after completion of the visit. Respondent consents and authorizes ADOSH Consultation Services to disclose scheduled date of the Pre-SHARP application visit to the Director of ADOSH.
Submit all documentation and correspondence required under the Settlement Agreement via email to [email redacted].
Shall pay the assessed penalty 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.
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: Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer,
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 20th day of April 2026.
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 20th day of April 2026:
Brian Hudson, Director
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH
Erin Goeman, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
Julia Millet, General Manager
Arizona Restaurant Supply Inc.
6077 N. Travel Center Dr.
Tucson, AZ 85743
[email redacted]
Respondent
By: OAH Staff