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FC-2024-TM082-0024-ADOSH · Arizona Division of Occupational Safety and Health · 2025-02-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

CANOPY ROOFING, LLC,

Respondent.

No.: FC-2024-TM082-0024-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On January 22, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Canopy Roofing, LLC’s (“Respondent”) worksite located at 5441 West Hadley St., Phoenix, Arizona 85043, Inspection No. FC-2024-TM082-0024 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 February 25, 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 be modified and amended from 1926.501(b)(10) to state a serious violation of 1926.501(b)(4)(i) with the same penalty amount of $10,938.00.

IT IS FURTHER ORDERED that shall Citation No. 1, Item No. 2 and Citation No. 1, Item No. 3 shall be deleted in their entirety.

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

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

Draft and implement a heat illness prevention policy;

Acknowledge that Respondent has spent over $39,000.00 since the time of the accident with third parties to improve safety and safety processes, including partnering with Risk Management Advisors (Reseco); and

Kevin Thomson agrees to join and attend the ADOSH Fatality/Serious Injury Alliance between February 2025 and June 2025.

IT IS FURTHER ORDERED that Respondent shall pay the sum of $10,938.00 to Complainant and said payment must be received by Complainant with thirty (30) days from the date of mailing of this Findings & Order Approving Settlement Agreement.

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 to 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 23-423 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 27th 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 27, 2025:

Brian A. Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Robert Irani, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Charles P. Keller, Esq.

Snell & Wilmer L.L.P.

One East Washington Street Suite 2700 Phoenix, Arizona 85004-2556 [email redacted]

By: OAH Staff