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CP-2025-TN246-0026-ADOSH · Arizona Division of Occupational Safety and Health · 2026-06-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
TOP WOOFER LLC DBA M & M ROOFING,
Respondent
No. CP-2025-TN246-0026-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On May 21, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Top Woofer, LLC dba M & M Roofing, (“Respondent” or “Top Woofer, LLC dba M & M Roofing”) located at 1555 South 105th Place, Mesa, AZ 85209, Inspection No. CP-2025-TN246-0026. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on November 13, 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 June 1, 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 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is deleted.
Citation 1, Item 1b is deleted.
Citation 1, Item 2a is deleted.
Citation 1, Item 2b is deleted.
Citation 1 Item 3 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is deleted.
Citation 2 Item 1 is deleted.
Citation 2 Item 2 remains as written.
IT IS FURTHER ORDERED that Respondent:
Shall develop and implement new Toolbox Talks and policies covering fall protection and provide proof to ADOSH within 30 days of the effective date of the Settlement Agreement of the new fall protection policies and implementation of new Toolbox Talks.
Shall develop and implement a new formalized employee orientation training that covers fall protection and provide proof to ADOSH of the new training program within 30 days of effective date of the Settlement Agreement.
Shall provide ADOSH with a copy of Respondent’s new Fall Protection Program within 30 days of effective date of the Settlement Agreement.
Shall provide proof of training on fall protection by Top Woofer for employees involved in the inspection within 30 days of the effective date of the Settlement Agreement.
Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a comprehensive consultation visit with ADOSH Consultation Services and complete the consultation visit 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 a THERMAL Program consultation visit with ADOSH Consultation Services and complete the consultation visit in the 6-month period following the effective date of the Settlement Agreement.
Join the ADOSH Roofing Alliance within 30 days of the effective date of the Settlement Agreement and maintain membership for at least one year.
Shall have both supervisors and all foreman complete OSHA 510 training and provide proof of completion to ADOSH within 90 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 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 5th day of June 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 5th day of June 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
1523 West Whispering Wind Drive, Suite 250
Phoenix, Arizona 85305
[email redacted]
Respondent
By: OAH Staff