Vacate

CP-2025-TN976-0047-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.

OATS OVERNIGHT, INC.,

Respondent

No. CP-2025-TN976-0047-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On August 22, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, (“ADOSH” or “Division”) inspected the worksite of Oats Overnight, Inc. (“Respondent” or “Oats Overnight”) located at 4121 E Cotton Center, Phoenix AZ 85040. Inspection No. CP-2025-TN976-0047. This inspection resulted in the Division issuing one “Serious” citation and two “Non-Serious” citations to the Respondent on December 4, 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 19, 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.

Citation No.2, Item No. 1, and Citation No. 2, Item No. 2 will be vacated in their entirety.

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

Produce proof of PASS fire extinguisher training for all employees as well as placing PASS stickers on fire extinguishers in facility.

Modify the monthly facility inspection checklist to add a line item verifying that a third-party contractor is conducting fire extinguisher inspections.

Develop a protective footwear program for all PIT drivers and develop distinguished walkaways for pedestrian traffic in facility.

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 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’ representatives named below via email on the 21st day of May 2026

Brian Hudson, Director

[email redacted]

Arizona Division of Occupational Safety and Health

Christina Lopez

[email redacted]

[email redacted]

Counsel for ADOSH

Charles P. Keller

[email redacted]

Counsel for Respondent

By: OAH Staff