Vacate

CP-2025-JW184-0134-ADOSH · Arizona Division of Occupational Safety and Health · 2026-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

MARIS CONSTRUCTION OF AZ, LLC.

Respondent

No. CP-2025-JW184-0134-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On December 13, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Maris Construction of Arizona, LLC, (“Respondent” or “Maris Construction of Arizona, LLC”) located at 19355 North 73rd Way, Scottsdale, Arizona 85255, Inspection No. CP-2025-JW184-0134. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on March 20, 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 January 13, 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 2 Item 1 is deleted.

IT IS FURTHER ORDERED that Respondent:

Maris Construction of AZ will provide ADOSH with their fall protection plan on or before November 21, 2025. The Complainant has acknowledged timely receipt of the Respondent’s fall protection plan.

Maris Construction of AZ’s fall protection plan will provide for anybody working at heights, including anybody doing inspections at heights, to have completed fall protection training.

The fall protection plan must have language stating that Maris Construction of AZ will verify that any subcontractors they are working with have a fall protection plan that meets or exceeds Maris’s fall protection plan.

Submit all documentation and correspondence required under the settlement agreement via email to [email redacted].

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 16th day of January 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 16th day of January 2026:

Brian Hudson, Director

Division of Occupational Safety & Health

800 West Washington Street

Phoenix, Arizona 86007

[email redacted]

ADOSH

Erin Goeman, Esq.

Legal Division

Industrial Commission of Arizona

800 West Washington Street, Suite 303

Phoenix, Arizona 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Matthew W. Horn, Esq.

Amundsen Davis, LLC

150 North Michigan Avenue, Suite 3300

Chicago, Illinois 60601

[email redacted]

Attorney for Respondent

By: OAH Staff