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FC-2025-MH679-0011- ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

JW CIVIL LLC,

Respondent

No. FC-2025-MH679-0011- ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 17, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of JW Civil LLC, (“Respondent” or “JW Civil”) located at 9000 Block North Pecos Way, Tucson, AZ 85713, Inspection No. FC-2025-MH679-0011. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on October 16, 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 March 26, 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 reclassified from “Serious” to “Non Serious”, and the assessed penalty is reduced to $0.00.

Citation 1 Item 2 is reclassified from “Serious” to “Non Serious”, and the assessed penalty remains $4,965.00.

Citation 1 Item 3 is deleted in its entirety.

IT IS FURTHER ORDERED that Respondent:

Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a Pre-Safety & Health Achievement Recognition Program (“Pre-SHARP”) consultation visit with ADOSH Consultation Services in the 6-month period following the effective date of the Settlement Agreement.

Contact ADOSH Consultation within 30 days of the effective date of the Settlement Agreement to schedule an “ADOSH 101 - Competent Person, Excavation, Trenching and Soil Mechanics” training and an “ADOSH 101- Hazard Recognition in Construction” training with the ADOSH trainer to be completed by all employees within the 6-month period following the effective date of the Settlement Agreement.

JW Civil’s Safety Director and two Safety Officers complete OSHA 510 training within 6 months of the effective date of the settlement agreement and provide ADOSH proof of completion.

Submit all documentation and correspondence required under the settlement agreement via email to [email redacted].

Shall pay the assessed penalty within 30 days of the effective date of the Settlement Agreement.

Shall submit the Abatement Certification and supporting abatement documentation to [email redacted] within 30 days of this Findings & Order Approving 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

The Honorable Tammy L. Eigenheer,

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 29th day of April 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 29th day of April 2026:

Brian Hudson, Director

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH

Sophia Cox, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

JW Civil LLC.

3250 E. 45th St.

Tucson, AZ 85713

Jacob Wareham, Owner

[email redacted]

Natalee Wareham

[email redacted]

Scott Lonergan

[email redacted]

Respondent

By: OAH Staff