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PP-2022-E7721-0061-ADOSH · Arizona Division of Occupational Safety and Health · 2023-12-27
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant,
v.
ROOFSAVERS LOCKE ROOFING, LLC, Respondent.
No. PP-2022-E7721-0061-ADOSH
FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT
On September 27, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Division”) conducted an inspection of Roofsavers Locke Roofing, LLC at 4144 E. Broadway Blvd., Tucson, AZ 85711, resulting in the issuance of a Citation on November 04, 2022.
Citation 1, Item 1 was issued for an alleged Serious violation of 29 C.F.R. § 1926.95(a). Citation 1, Item 1 had an assessed penalty of $2,486.00.
Citation 1, Item 2 was issued for an alleged Serious violation of 29 C.F.R. § 1926.501(b)(10). Citation 1, Item 2 had an assessed penalty of $3,108.00.
Citation 1, Item 3 was issued for an alleged Serious violation of 29 C.F.R. § 1926.503(a)(2). Citation 1, Item 3 had an assessed penalty of $3,108.00.
Citation 1, Item 4a was issued for an alleged Serious violation of 29 C.F.R. § 1910. 1200(g)(8). Citation 1, Item 4a had an assessed penalty of $1,864.00.
Citation 1, Item 4c was issued for an alleged Serious violation of 29 C.F.R. § 1910. 1200(h)(1). Citation 1, Item 4c had an assessed penalty of $0.00
Respondent filed a timely Notice contesting the Citation on November 23, 2022.
A formal hearing is currently scheduled before the Office of Administrative Hearings (“OAH”) for December 28, 2023 at 9:00 a.m.
Having fully considered the file, records, and all other relevant matters, the OAH enters Findings and Conclusions as follows:
FINDINGS AND CONCLUSIONS
The parties have filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement fully appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act, A.A.C. R20-5-827. Accordingly, the Settlement Agreement is by this reference adopted herein and made a part hereof.
The terms of the Settlement Agreement provide Citation 1, Item 1 shall be reclassified from Serious to Non-Serious with $0.00 penalty.
Citation 1, Item 2 shall remain as a Serious citation. The penalty for Citation 1, Item 2 shall be reduced by 25% from $3,108.00 to $2,331.00.
Citation 1, Item 3 shall be reclassified from Serious to Non-Serious. The penalty for Citation 1, Item 3 shall be reduced from $3,108.00 to $1,000.00.
Citation 1, Items 4a and 4b are a grouped citation and shall be reclassified from Serious to Non-Serious. The penalty for Citation 1, Items 4a and 4b, shall be reduced from $1,864.00 to $1,000.00.
Respondent agrees to the following:
Within fourteen (14) days after the date that the OAH approves the Findings and Order Confirming Settlement Agreement (“Order”), Respondent agrees to deliver a bank check or money order in the amount of $4,331.00 made out to “Industrial Commission of Arizona” and mail or deliver the check to Sophia Cox, Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.
Within 90 days after the date that the OAH approves the Order, Respondent agrees to complete a training class for employees in Fall Protection.
Within 90 days after the date that the OAH approves the Order, the Company agrees to complete a training class for employees in Hazard Communication and Safety Data Sheets and Personal Protective Equipment.
Within 120 days after the date that the OAH approves the Order, the Company agrees to submit to ADOSH documentation of a copy of the completion of the training classes.
The Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.
ORDER
IT IS HEREBY ORDERED that, Citation 1, Item 1 shall be reclassified from Serious to Non-Serious with $0.00 penalty.
Citation 1, Item 2 shall remain as a Serious citation. The penalty for Citation 1, Item 2 shall be reduced by 25% from $3,108.00 to $2,331.00.
Citation 1, Item 3 shall be reclassified from Serious to Non-Serious. The penalty for Citation 1, Item 3 shall be reduced from $3,108.00 to $1,000.00.
Citation 1, Items 4a and 4b are a grouped citation and shall be reclassified from Serious to Non-Serious. The penalty for Citation 1, Items 4a and 4b, shall be reduced from $1,864.00 to $1,000.00.
IT IS FURTHER ORDERED that the Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.
IT IS FURTHER ORDERED each party is to bear its own attorney's fees and costs.
NOTICE
Any party dissatisfied with this Decision may request review by the Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the 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, the Decision becomes final.
Office of Administrative Hearings
By: /s/ Hon. Jenna Clark
Administrative Law Judge
DATED AND MAILED IN PHOENIX, ARIZONA, THIS 27th DAY OF DECEMBER 2023.
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
CERTIFICATE OF SERVICE
The attached Findings and 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 December 27, 2023:
Julie A. Pace, Esq.
David A. Selden, Esq.
PSGM Law
7901 N. 16th St., Ste. 200
Phoenix, AZ 85020
[email redacted]
[email redacted]
Counsel for Respondent
Mark Norton, Director
Arizona Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington St.
Phoenix, AZ 86007
[email redacted]
Complainant
Sofia Cox, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington St., Ste. 303
Phoenix, AZ 85007
[email redacted]
Counsel for Complainant
By: OAH Staff