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CP-2025-MS021-0044-ADOSH · Arizona Division of Occupational Safety and Health · 2025-10-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
PHOENIX FAMILY MEDICAL CARE PLLC,
Respondent
No. CP-2025-MS021-0044-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On October 28, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Phoenix Family Medical Care PLLC, (“Respondent”) located at 1002 East McDowell Road, Ste A., Phoenix, AZ 85006, Inspection No. CP-2025-MS021-0044. 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 October 21, 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, 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 will be reclassified from “Serious” to “Non Serious” and the assessed penalty will be reduced to $0.00.
Citation 2 Item 1 will remain as written.
Citation 2 Item 2 will remain as written.
Provide documentation, including photographs, demonstrating the proper identification of regulatory waste, within 60 days of the effective date of the settlement agreement.
Provide a completed and signed abatement certification (page 4 of the citation package).
Submit all documentation and correspondence required under this section via email to [email redacted].
IT IS FURTHER ORDERED that Respondent:
Provide an updated and approved exposure control plan, within 60 days of the effective date of the Settlement Agreement.
Provide proof of employee bloodbome pathogen training, including training materials utilized for that training, within 60 days of the effective date of the Settlement Agreement.
Provide a sharps injury log of the incident (identified in Citation 2 Item 1), and a corresponding OSHA log, that shows it has been identified as a privacy case, within 60 days of the effective date of the settlement agreement.
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 27th day of October 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 27th day of October 2025:
Brian Hudson
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Sarah Nelson
MBA, CPPM, Practice Administrator
[email redacted]
For the Respondent
Robert Irani, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
By: OAH Staff