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CP-2025-TN246-0038-ADOSH · Arizona Division of Occupational Safety and Health · 2026-05-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant

v.

STEEL GIRDER, LLC DBA STINGER BRIDGE & IRON,

Respondent

No. CP-2025-TN246-0038-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On July 21, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, (“ADOSH” or “Division”) inspected the worksite of Steel Girder, LLC. DBA Stinger Bridge & Iron, (“Respondent” or “Steel Girder”) located at 4248 Arizona 87, Coolidge, AZ 85128. Inspection No. CP-2025-TN2466-0038. This inspection resulted in the Division issuing one “Serious” citation and two “Non-Serious” citations to the Respondent on December 11, 2025.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citations, 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 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 May 8, 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 attached to, 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 No. 1, Item No. 1 will be reclassified from “Serious” to “Non-Serious” with the elimination of the penalty amount.

In exchange for the terms set forth above, Respondent agrees to the following within sixty (60) days of the execution of this Findings and Order confirming settlement:

Placing a physical barrier around the Hydmech horizontal pivot band saw with signage noting authorized employees only.

Conduct a Serious Injury and Fatality (SIF) safety evaluation of the plant operations.

Contact ADOSH Consultation to schedule at least one ADOSH consultation visit at a mutually convenient date and time for the parties within 6-months of the execution of this Findings and Order Confirming Settlement.

Complete the application to join the Voluntary Protection Program (VPP).

The parties covenant and agree that the ordered abatements described in Paragraph No. 2, items a, b and c will be completed and appropriate documents submitted to [email redacted] within sixty (60) days of the execution of this Findings and Order Confirming Settlement.

The parties covenant and agree that this is a settlement of a disputed matter, and that the citations, classifications, notifications of penalty, the Settlement Agreement and/or the Administrative Law Judge’s Final Order, individually and/or collectively, are not an admission by the Respondent, nor any of its employees that it or they violated, knowingly or otherwise, the requirements of A.R.S. § 23-403 or any standard or regulation adopted pursuant to A.R.S. § 23410 or § 23-414, or any provision of the article enumerated as A.R.S. § 23-401, et seq. Nor is it an admission by Respondent, nor any of its employees, that any of the conditions alleged in the citations issued as a result of Inspection No. CP-2025-TN246-0038 existed or were the cause, proximate cause or contributing factor of any accident, damages, injuries, or death.

The parties agree that Respondent, by the Settlement Agreement, moves to withdraw its Notice of Contest and request for hearing with respect to the above-referenced citations. This withdrawal is conditioned upon the presiding Administrative Law Judge, pursuant to A.A.C. R20-5-828 of the Occupational Safety and Health Rules of Procedure before the Industrial Commission of Arizona, waiving the legal effect of A.A.C. R20-5-817(B) with regard to this matter.

The parties acknowledge that the Settlement Agreement shall not impair the Division’s ability to issue repeat and/or willful citations for future conduct involving violations of the same or substantially similar conditions as are involved in this matter.

The Settlement Agreement is in furtherance of industrial safety and of the Arizona Occupational Safety and Health Act of 1972.

The Settlement Agreement is a full and final determination of this matter and alleviates any need for and constitutes a waiver of, a right of hearing or alternative determination on the merits of the citations, classifications, and stated penalties. The Respondent represents as a material fact leading to the Settlement Agreement that the violation(s) cited as a result of Inspection No. CP-2025-TN246-0038, whether admitted or not, have been abated, and that Respondent is in compliance as of the date of the Settlement Agreement.

Each party to the Agreement agrees to bear its own attorneys’ fees and costs.

IT IS FURTHERED ORDERED that the legal effect act of A.A.C. R20-5-817 is waived.

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, filing a written request with the Law Judge Division of the Industrial Commission within fifteen (15) days 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

Honorable Tammy L. Eigenheer

Administrative Law Judge

Done this 12th day of May of 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’ representatives named below via email on the 12th day of May 2026

Brian Hudson, Director

[email redacted]

Arizona Division of Occupational Safety and Health

Sophia Cox

[email redacted]

[email redacted]

Counsel for ADOSH

Charles P. Keller

[email redacted]

Counsel for Respondent

By: OAH Staff