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FC-2024-RS480-0113-ADOSH · Arizona Division of Occupational Safety and Health · 2025-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v

ALVARADO ROOFING, LLC,

Respondent

No. FC-2024-RS480-0113-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On January 24, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Alvarado Roofing, LLC’s (“Respondent”) worksite located at 10560 S. Sage Hills Court, Vail, AZ 85641, Inspection No. FC-2024-RS480-0113 resulting in the issuance of a Citation and Notification of Penalty to Respondent on July 22, 2024.

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 litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On January 27, 2025, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.

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 shall remain classified as “Serious,” but the assessed penalty shall be reduced from $11,162.00 to $4,688.00.

IT IS FURTHER ORDERED that Citation No. 1, Item No. 2 shall be deleted in its entirety.

IT IS FURTHER ORDERED that Citation No. 1, Item No. 3 shall remain classified as “Serious” and retains the assessed penalty of $3,349.00.

IT IS FURTHER ORDERED that Citation No. 2, Item No. 1 shall remain classified as “Nonserious” and retains the assessed penalty of $0.00.

IT IS FURTHER ORDERED that Citation No. 2, Item No. 2 shall remain classified as “Nonserious,” but the assessed penalty shall be reduced from $1,000.00 to $0.00.

IT IS FURTHER ORDERED that within sixty (60) days of the date of the signed Findings and Order Approving Settlement Agreement (“Order”), Respondent will:

a) Contact ADOSH Consultation to attempt to schedule three (3) ADOSH consultation visits to occur over the course of eighteen (18) months following the service of the Order;

b) Draft, provide a copy to the Division, and implement a heat illness protection policy; and

c) Draft, provide a copy to the Division, and implement a training plan, to be incorporated as part of the Respondent’s policies, requiring a representative of Respondent to obtain certification as a Qualified Person for fall protection.

IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.

IT IS FURTHER ORDERED that the Respondent shall pay to Complainant the sum of $8,037.00, reflecting the total penalties owed under the modified citations, as stated above, and said payment must be received by Complainant within thirty (30) days from the date this Findings & Order Approving Settlement Agreement is mailed.

IT IS FURTHER ORDERED that each party shall bear its own attorneys’ fees and costs.

NOTICE

Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fourteen (14) days after service of this Decision as provided by Arizona Revised Statutes, §§ 23-421 C and 23-423 A. 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 4th DAY OF FEBRUARY, 2025.

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 February 4, 2025:

Brian Hudson

Director

Arizona Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Scott J. Cooley

Legal Division of the Industrial Commission of Arizona

800 W. Washington ST. Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Tyler V. Thomas, Esq.

Snell & Wilmer, L.L.P.

One East Washington Street, Suite 2700

Phoenix, AZ 85004

[email redacted]

By: OAH Staff