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FC-2024-ZP447-0020-ADOSH · Arizona Division of Occupational Safety and Health · 2025-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

POOR DADDY'S LANDSCAPING LLC,

Respondent

No. FC-2024-ZP447-0020-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On July 24, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of POOR DADDY’S, LLC (“Respondent” or “POOR DADDY’S”) located at Park Corner at North 157th Drive and West Gelding Drive, Surprise, Arizona 85379, Inspection No. FC-2024-ZP447-0020-ADOSH. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on December 19, 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 litigation and a formal hearing.

FINDINGS AND CONCLUSIONS

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

1. On May 6, 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, the Settlement Agreement is incorporated by this reference, adopted, and made a part of this order.

2. 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 1a is reclassified as Non-Serious.

Citation 2 Item 1 is reclassified as Non-Serious.

Citation 1 Item 1a is amended to cite to 1910.179(J)(4)(3).

Citation 2 Item 1 is amended to cite to 1910.184(e)(3)(iii).

IT IS FURTHER ORDERED that:

1. Respondent shall substantially comply with paragraphs 6(a), (b) and (c) of the Settlement Agreement.

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

Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 14th day of May, 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 the 14th day of May, 2025.

Brian Hudson

Division of Occupational Safety & Health

800 West Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Christina Lopez, Esq.

Legal Division

Industrial Commission of Arizona

800 West Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

James Castle, Owner

Nathan Kingston, Partial Owner

Poor Daddy’s Landscaping LLC

9122 West Shamel Ash

Peoria, AZ 85383

Respondent

By: OAH Staff