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CP-2025-JW184-0155- ADOSH · Arizona Division of Occupational Safety and Health · 2025-11-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

CLR PLATINUM PATRIOT CONSTRUCTION, LRC CONTRACTING, REMODELING & MAINTENANCE LLC

Respondent

No. CP-2025-JW184-0155- ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On March 31, 2025 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of CLR Platinum Patriot Construction, LRC Contracting, Remodeling & Maintenance LLC, (“Respondent”) worksite located at 1650 N 87th Terrace, Scottsdale, AZ 85257, Inspection No.: CP-2025-JW184-0155 resulting in the issuance of a Citation and Notification of Penalty to Respondent on April 24, 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 litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On October 31, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.

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

1. Citation 1 Item 1 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $0.00.

2. Citation 2 Item 1 will remain “Non Serious”, and the assessed penalty will remain at $0.00.

IT IS FURTHER ORDERED that the Respondent will comply with the following:

1. Enroll in an OSHA 510 course through either Arizona State University or University of California San Diego within 30 days of the effective date of this Settlement Agreement. On September 4, 2025, the Respondent provided proof to ADOSH that he paid for and is enrolled in the OSHA 510 class scheduled to take place from November 3-6, 2025 at the OSHA Education Center at Arizona State University.

2. Contact ADOSH consultation within 30 days of the effective date of this Settlement Agreement to schedule two safety consultation visits with ADOSH Consultation Services in the 12-month period following the effective date of this Settlement Agreement. Respondent consents and authorizes ADOSH Consultation Services to disclose the scheduled date of the consultation visits to the Director of ADOSH. On September 25, 2025, the Respondent provided an email confirmation showing he contacted ADOSH Consultation via the form on the ADOSH website.

3. Develop a Fall Protection/Working at Heights plan within 30 days of the effective date of the Settlement Agreement. On September 25, 2025, the Respondent provided ADOSH with a copy of the CLR Platinum Construction Fall Protection Plan.

4. Join the ADOSH Roofers Alliance and sign a 2-year agreement within 30 days of the effective date of the Settlement Agreement.

5. Submit all documentation and correspondence required under this section 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 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 23-422(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 3rd day of November 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 this 3rd day of November 2025:

Brian Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 West Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Erin Goeman, Esq.

Legal Division

Industrial Commission of Arizona

800 West Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Skyler Viliborghi, Owner

CLR Platinum Patriot Construction, LRC Contracting, Remodeling & Maintenance LLC

4125 West Ironwood Drive

Phoenix, AZ 85051

[email redacted]

Respondent

By: OAH Staff