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CP-2025-T3633-0182-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.

FIREBIRD PRODUCTS LLC,

Respondent

No. CP-2025-T3633-0182-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On November 21, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Firebird Products, LLC, (“Respondent”) worksite located at 6010 N 53rd Dr, Glendale, AZ 85301, Inspection No.: CP-2025-T3633-0182 resulting in the issuance of a Citation and Notification of Penalty to Respondent on May 1, 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 1a will remain “Serious”, and the assessed penalty will be reduced to $1,000.00.

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

3. Citation 1 Item 2a will remain “Serious”, and the assessed penalty will be reduced to $1,000.00.

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

5. Citation 1 Item 3a will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to $0.00.

6. Citation 1 Item 3b will remain “Serious”, and the assessed penalty will remain at $0.00.

7. Citation 1 Item 3c will remain “Serious”, and the assessed penalty will remain at $0.00.

8. Citation 1 Item 3d will remain “Serious”, and the assessed penalty will remain at $0.00.

9. Citation 1 Item 3e will remain “Serious”, and the assessed penalty will remain at $0.00.

10. Citation 1 Item 4a will remain “Serious”, and the assessed penalty will be reduced to $1,000.00.

11. Citation 1 Item 4b will remain “Serious”, and the assessed penalty will remain at $0.00.

IT IS FURTHER ORDERED that the Respondent

1. Produce a respiratory production protocol to ADOSH. The Respondent provided this information to the ADOSH Director on August 12, 2025.

2. Contact ADOSH consultation within 30 days of the effective date of this Settlement Agreement to schedule a safety consultation visit 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. The Respondent provided confirmation to the ADOSH Director that he contacted ADOSH Consultation via the ADOSH website on August 15, 2025.

3. 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 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Erin Goeman

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Brad Curd

Firebird Products, LLC

6010 N 53rd Dr

Glendale, AZ 85301

[email redacted]

Respondent

By: OAH Staff