Vacate
CP-2025-JW184-0188-ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-15
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
NICKLE CONTRACTING LLC,
Respondent
No. CP-2025-JW184-0188-ADOSH
ORDER VACATING
HEARING
On September 25, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Nickle Contracting LLC, (“Respondent” or “Nickle Contracting”) located at 1701 W. Ranch Rd., Arizona 85284, Inspection No. CP-2025-JW184-0188. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on November 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 March 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 1 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is reduced to $0.00.
Citation 1 Item 2 is deleted.
Citation 1 Item 3 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is reduced to $4,000.00.
IT IS FURTHER ORDERED that Respondent:
Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule one safety consultation visit with ADOSH Consultation Services in the 6-month period following the effective date of the Settlement Agreement.
Contact ADOSH Consultation within 30 days of the effective date of the Settlement Agreement to schedule an “ADOSH 101 - Competent Person, Excavation, Trenching and Soil Mechanics” training with the ADOSH trainer to be completed by all supervisors and above within the 6-month period following the effective date of the Settlement Agreement.
Join the ADOSH Trenching Alliance and within 60 days of the effective date of the Settlement Agreement schedule a time within 6-months of the effective date of the Agreement to present to the Trenching Alliance on what they found deficient after Inspection CP-2025-JW184-0188 and the corrective actions they took.
Provide proof of a policy to ADOSH within 60 days of the effective date of the Settlement Agreement that addresses Nickle Contracting’s safety plan for onboarding all new employees with necessary excavation training and provides for a refresher excavation training every four years for current employees.
Provide documentation and an itemized list detailing the money invested in abatement and Nickle Contracting's health and safety program after Inspection CP-2025-JW184-0188.
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.
Shall submit the Abatement Certification and supporting abatement documentation to [email redacted] within 30 days of this Findings & Order Approving 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 15th 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 15th day of April 2026:
Brian Hudson, Director
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH
Sophia Cox, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
Darin Perkins, Safety Consultant
Perkins Safety Consulting
6267 S. 157th Way
Gilbert, AZ 85298
[email redacted]
Respondent
By: OAH Staff