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CP-2025-VM508-0063-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
BERRY GLOBAL INC. DBA AMCOR,
Respondent
No. CP-2025-VM508-0063-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On May 22, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Berry Global, Inc., dba Amcor, (“Respondent”) located at 8400 W. Jefferson St., Tolleson, Arizona, Inspection No. CP-2025-VM508-0063. 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 July 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 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 is deleted, and the assessed penalty is reduced to $0.00.
IT IS FURTHER ORDERED that Respondent:
The Respondent does not owe any monies in penalties as a result of the Citation and Notification of Penalty or Inspection Number CP-2025-VM508-0063.
Within 30 days of the effective date of the Settlement Agreement, the Respondent shall contact the ADOSH Consultation Team to schedule a consultation visit at the Worksite.
The Parties understand and agree that the results of any consultation visit, will remain confidential and cannot form the basis of any citation, penalty, or enforcement proceeding against Respondent.
The consultation visit shall be completed on one date, will not exceed eight business hours, and will take place at the Worksite during Respondent’s normal business hours of 8:00 a.m.-5:00 p.m. Arizona time. The consultation visit must be completed by December 31, 2026.
The exact date and start time of the consultation visit will be mutually agreed upon by Respondent and the ADOSH Consultation Team, and confirmed in an email exchange between an ADOSH representative and Aaron Gamble ([email redacted]). Respondent consents and authorizes the ADOSH Consultation Team to disclose the scheduled date of the consultation visit to the Director of ADOSH.
Following the completion of the consultation visit, Respondent will have 60 days to correct any serious or imminent danger hazard appearing on the List of Hazards. “List of Hazards” means the “List of Hazards (Serious)” defined in Chapter 1, Section VIII.CC of OSHA’s Consultation Policies and Procedures Manual (“Consultation Manual”). The scope of the consultation visit will be the scope defined in Chapter 1 Section VII.OO.2.a of the Consultation Manual.
In accordance with Chapter 4, Section III.D.4 of the Consultation Manual, if a serious or imminent hazard appearing on the List of Hazards requires a complex hazard correction solution(s) that may take more than 60 calendar days to implement the complex correction solution(s) by the date(s) identified by the Consultation Program Manager.
By December 31, 2026, the supervisors at the Worksite (the Production Manager and Maintenance Manager) shall register for and successfully complete the following “ADOSH 101” course if ADOSH makes the course available for registration by October 31, 2026: ADOSH 101- OSHA Machinery, Machine Guarding, Standard and Amputation Hazards (hereafter, “course”). If the course can be completed online, the supervisors at the Worksite shall complete the online version of the course. Otherwise, the supervisors at the Worksite shall complete the course in person at ADOSH’s Phoenix Office located at 800 West Washington Street, Phoenix, Arizona 85007.
Within 60 days of the effective date of the Settlement Agreement, the Respondent shall provide ADOSH proof of signage in the area alerting all employees of the bars disengaging upon contact.
Within 60 days of the effective date of the Settlement Agreement, the Respondent shall provide ADOSH with documented training for all employees in reference to the bars disengaging upon contact.
The Respondent shall submit all documentation and correspondence required under this 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 18th day of August 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 this 18th day of August 2026:
Brian Hudson, Director
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH
Erin Goeman, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
Mitchell J. Anderson, Esq.
Fisher & Phillips LLP
227 West Trade Street, Ste. 2020
Charlotte, NC 28202
[email redacted]
Attorney for the Respondent
By: OAH Staff