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FC-2024-MB431-0043-ADOSH · Arizona Division of Occupational Safety and Health · 2024-10-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
STATEWIDE TOWING & TRANSPORT, L.L.C.,
Respondent
No. FC-2024-MB431-0043-ADOSH
FINDINGS AND ORDER
On January 30, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Division”) conducted an inspection of Statewide Towing & Transport, L.L.C. at 4051 East Michigan Street, Tucson, AZ 85714, resulting in the issuance of a Citation on June 28, 2028.
Citation 1, Item 1 was issued for an alleged Serious violation of 29 C.F.R. § 1910.14 7(c)(4)(i). Citation 1, Item 1 had an assessed penalty of $15,625.00.
Citation 2, Item 1 was issued for an alleged Non Serious violation of 29 C.F.R. § l904.40(a). Citation 2, Item 1 had an assessed penalty of $0.00.
Citation 2, Item 2 was issued for an alleged Non Serious violation of 29 C.F.R. § 1910.1200(e)(l). Citation 2, Item 2 had an assessed penalty of $0.00.
Citation 2, Item 3 was issued for an alleged Non Serious violation of 29 C.F.R. § 1910.1200(g)(8). Citation 2, Item 3 had an assessed penalty of $0.00.
Citation 2, Item 4 was issued for an alleged Non Serious violation of 29 C.F.R. § 1910.1200(h)(l). Citation 2, Item 4 had an assessed penalty of $0.00
WHEREAS, Respondent filed a timely Notice contesting the Citation on July 9, 2024.
WHEREAS, a formal hearing on this matter was scheduled before the Office of Administrative Hearings (“OAH”) on September 17, 2024.
Having fully considered the file, records, and all other relevant matters, the OAH enters Findings and Conclusions as follows:
FINDINGS AND CONCLUSIONS
The parties have filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement fully appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act, A.A.C. R20-5-827. Accordingly, the Settlement Agreement is by this reference adopted herein and made a part hereof
The terms of the Settlement Agreement provide Citation 1, Item 1 shall remain as Serious with penalty reduced 25% from $15,625.00 to $11,718.75.
Citation 2, Items 1-4 shall remain as Non-Serious with no penalty.
Respondent agrees to the following:
Within fourteen (14) days after the date that the OAH approves the Findings and Order Confirming Settlement Agreement (“Order”), Respondent agrees to deliver a bank check or money order in the amount of $11,718.75 made out to “Industrial Commission of Arizona” and mail or the payment will be delivered by check to Sophia Cox, Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.
Within 90 days after the date that the OAH approves the Order, Respondent agrees to complete and submit a Heat Illness Program.
Within 90 days after the date that the OAH approves the Order, the Company agrees to complete and submit its Logout/Tagout Program and proof of training.
Within 90 days after the date that the OAH approves the Order, the Company agrees to submit to ADOSH documentation of the completion of the training classes including, Forklift Scissor Lift, Hazard Communication and SDS training.
The Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.
ORDER
IT IS HEREBY ORDERED that, Citation 1, Item 1 shall remain as Serious with penalty reduced 25% from $15,625.00 to $11,718.75.
Citation 2, Items 1-4 shall remain as Non-Serious with no penalty.
IT IS FURTHER ORDERED that the Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.
IT IS FURTHER ORDERED that within fourteen (14) days after the date that the OAH approves the Findings and Order Confirming Settlement Agreement (“Order”), Respondent shall deliver a bank check or money order in the amount of $11,718.75 made out to “Industrial Commission of Arizona” and mail or the payment will be delivered by check to Sophia Cox, Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.
IT IS FURTHER ORDERED that within 90 days after the date that the OAH approves the Order, Respondent shall complete and submit a Heat Illness Program.
IT IS FURTHER ORDERED that within 90 days after the date that the OAH approves the Order, the Company shall complete and submit its Logout/Tagout Program and proof of training
IT IS FURTHER ORDERED that within 90 days after the date that the OAH approves the Order, the Company shall submit to ADOSH documentation of the completion of the training classes including, Forklift Scissor Lift, Hazard Communication and SDS training.
IT IS FURTHER ORDERED each party is to bear its own attorney's fees and costs.
NOTICE:
Any party dissatisfied with this Decision may request review by the Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the 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, the Decision becomes final.
DATED October 29, 2024.
By: Tammy L. Eigenheer
Honorable Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Brian Hudson, Director
Arizona Division of Occupational Safety and Health
[email redacted]
Sophia Cox
Office of the Attorney General
[email redacted]
Julie A. Pace, Esq.
Pace Selden Gilman Marks PLLC
[email redacted]
By: OAH Staff