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CP-2025-TN246-0039-ADOSH · Arizona Division of Occupational Safety and Health · 2026-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

PIERTEK, INC. DBA WOOD BROTHERS INDUSTRIES,

Respondent

No. CP-2025-TN246-0039-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On July 28, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at a worksite location of Piertek, Inc. dba Wood Brothers Industries (“Respondent” or “Piertek, Inc. dba Wood Brothers Industries”) located at 23340 North 18th Drive, Phoenix, AZ 85027, Inspection No. CP-2025-TN246-0042. This inspection resulted in ADOSH issuing a Citation and Notification of Penalty to the Respondent on September 25, 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 July 15, 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 1 shall be reclassified from “Serious” to “Non-Serious,” and the assessed penalty will be reduced to $0.00.

Citation 1, Item 2b shall be reclassified from “Serious” to “Non-Serious,” and the

assessed penalty will be reduced to $0.00.

Citation 1, Item 2a shall be reclassified from “Serious” to “Non-Serious,” and the assessed penalty will be reduced to $0.00.

Citation 2, Item 1 shall be deleted

Citation 2, Item 2 shall be deleted.

Citation 2, Item 3 shall be deleted.

Citation 2, Item 4 shall remain “Non-Serious,” and the assessed penalty will remain at $0.00.

Citation 2, Item 5 shall be deleted.

IT IS FURTHER ORDERED that Respondent shall:

Complete one comprehensive ADOSH Consultation Visit. The Respondent shall contact ADOSH to schedule the Consultation Visit within 30 days of the effective date of the Settlement Agreement. The Consultation Visit must be completed within 6 months of the effective date of the Settlement Agreement. Any issues found during the Consultation Visit shall be abated within 30 days after completion of the Consultation Visit. Respondent consents and authorizes ADOSH Consultation Services to disclose the scheduled date of the Consultation Visit to the Director of ADOSH.

All Piertek Supervisors and above shall complete the following ADOSH trainings within 6 months of the effective date of the Settlement Agreement: 1) Powered Industrial Trucks Train the Trainer, 2) Introduction to Safety and Health Management Systems, and 3) Introduction to Safety and Health Fundamentals in General Industry. The ADOSH training schedule can be found here: https://ezregister.com/promoters/1607/. As of the date of the signing of the parties’ Settlement Agreement, Jason Bruns is the only Supervisor/Manager at the Piertek facility in Phoenix.

Submit all documentation and correspondence required under the settlement agreement 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 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 29th day of July 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 29th day of July 2026:

Brian Hudson, Director

Division of Occupational Safety & Health

[email redacted]

ADOSH

Erin Goeman, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Ron Raube and Jason Bruns for Melissa Rusnell

[email redacted]

Respondent

By: OAH Staff