Vacate
FC-2022-RS480-0007-ADOSH · Arizona Division of Occupational Safety and Health · 2023-11-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v
THE GOMBOS COMPANY, LLC
No. FC-2022-RS480-0007-ADOSH
ORDER VACATING
HEARING
On July 25, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a GOMBOS COMPANY, LLC, (“Respondent”) worksite located at 5315 W Pretzer Rd AZ Eloy Pinal 85131, designated as Inspection No. FC-2022-RS480-0007, which resulted in the Division issuing a Citation and Notification of Penalty to the Respondent on November 4, 2022.
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 November 16, 2023, 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:
1. Citation 1 Item 1 is reclassified from Serious to Nonserious, and the assessed penalty of $975.00 is deleted.
2. Citation 1 Item 2 is reclassified from Serious to Nonserious, and the assessed penalty of $975.00 is deleted.
3. Citation 1 Item 3a remains Serious but the assessed penalty is reduced 25 percent, from $4,200.00 to $3150.00.
4. Citation 1 Item 3b remains Serious and the assessed penalty of 0.00 remains.
5. Citation 1 Item 4 remains Serious, but the assessed penalty is reduced 25 percent, from $1,500.00 to $1,125.00.
6. Citation 2 Item 1 remains Nonserious and the assessed penalty of 0.00 remains.
7. Citation 2 Item 2 remains Nonserious and the assessed penalty of 0.00 remains.
8. Citation 2 Item 3 remains Nonserious and the assessed penalty of 0.00 remains.
IT IS FURTHER ORDERED that, in exchange for the above, Respondent agrees to: (a) provide written documentation and photographs regarding a permanent ladder or stairway system constructed in response to Citation 1 Item 1, and (b) provide written documentation of the time and effort undertaken to put safety measures, such as a new safety manager, in place in response to the citations, including a summary of what was spent, within 60 days from the date of this order.
IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.
NOTICE
Any party dissatisfied with this Decision may request review by the Review Board by 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 23-422(A) and (B). If no such request is made within the time provided, this Decision becomes final.
By: /s/ Tammy L. Eigenheer
The Honorable Tammy L. Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 28th day of November 2023.
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 28th day of November 2023:
Mark Norton, Director
Arizona Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 86007
Email: [email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
Email: [email redacted]
Attorney for ADOSH
Jay A. Zweig, Esq.
Ballard Spahr LLP
1 East Washington St., Suite 2300
Phoenix, AZ 85004
Email: [email redacted]
Attorney for Respondent
By: OAH Staff