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FC-2025-JW184-0127-ADOSH · Arizona Division of Occupational Safety and Health · 2026-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

BAY VALVE, LLC,

Respondent

No. FC-2025-JW184-0127-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On November 7, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Bay Valve, LLC’s ("Respondent" or “Bay Valve”) located at 11600 S. 363rd Ave, Arlington, AZ 85322, Inspection No. FC-2025-JW184-0127. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on February 13, 2025.

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 February 6, 2026, 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:

Citation 1, Item 1 is deleted in its entirety.

IT IS FURTHER ORDERED that Respondent:

Conduct a review of Respondent’s drug and alcohol testing requirements.

Implement drug and alcohol testing of Respondent’s employees within 90 days of hiring.

Draft and implement a prework hazard/risk assessment checklist for use prior to commencement of field work.

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

The Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 26th day of February, 2026.

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 26th day of February, 2026.

Brian Hudson

[email redacted]

ADOSH Director

Christina Lopez

[email redacted]

[email redacted]

Attorney for ADOSH

Steve Smith

[email redacted]

Respondent

By: OAH Staff