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CP-2025-MG193-0008-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
AFFORDABLE POWDER COATING, LLC.,
Respondent
No. CP-2025-MG193-0008-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On August 22, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Affordable Powder Coating LLC, (“Respondent” or “Affordable Powder Coating, LLC”) located at 2111 West Fillmore Street, Phoenix, AZ 85009, Inspection No. CP-2025-MG193-0008. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on January 29, 2026.
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 July 16, 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 1a remains “Serious”, and the assessed penalty is reduced to $1,418.50.
Citation 1 Item 1b remains as written.
Citation 1 Item 1c is deleted.
Citation 1 Item 1d is deleted.
Citation 1 Item 2 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is deleted.
Citation 1 Item 3a is reclassified from “Serious” to “Non Serious”, and the assessed penalty is deleted.
Citation 1 Item 3b is reclassified from “Serious” to “Non Serious.”
IT IS FURTHER ORDERED that Respondent:
Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a comprehensive consultation visit with ADOSH Consultation Services to be completed in the 6-month period following the effective date of the Settlement Agreement.
Contact ADOSH Consultation within 30 days of the effective date of this Settlement Agreement to schedule “ADOSH 101 - Hazard Communication Standard 29 CFR 1910.1200” training and “ADOSH - Respirator Standards: 29 CFR 1910.134” training with the ADOSH trainer and have all employees complete the trainings within the 6-month period following the effective date of the Settlement Agreement.
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 11th day of August 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 the 11th day of August 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
Jessie Atencio, General Manager
Premier Risk Management, LLC.
1523 W. Whispering Wind Dr., Ste. 250
Phoenix, AZ 85305
[email redacted]
Respondent
By: OAH Staff