Vacate

PP-2022-V4364-0016-ADOSH · Arizona Division of Occupational Safety and Health · 2022-08-25

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

vs.

T BAR H’S DESERT HORIZON DEVELOPMENT, INC.,

Respondent.

No.: PP-2022-V4364-0016-ADOSH

FINDINGS AND ORDER APPROVING

SETTLEMENT AGREEMENT

On January 28, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at the business location of T Bar H’s Desert Horizon Development, Inc., (“Respondent”) located at 4700 W Still Well Parkway, Prescott Valley, AZ 86314, Inspection No. PP-2022-V4364-0016.

On May 06, 2022, the inspection resulted in ADOSH issuing a Citation and Notification of Penalty (“Citation”) to Respondent, specifically:

The Division issued Citation 1, Item 1 for a Serious violation of 29 C.F.R. 1926.501(b)(1) assessing a penalty in the amount of $1,500.00.

WHEREAS, Respondent filed a notice of contest dated May 11, 2022, with respect to the above-mentioned Citation and Notification of Penalty, and Division and Respondents now desire to settle this matter without necessity and uncertainty of formal hearing. Both parties agree that it is in their respective best interests to settle this matter without going through the procedures, as well as, time and expense associated with litigating through a formal hearing.

FINDINGS

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

On August 24, 2022, the parties filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement is incorporated by reference and made a part hereof.

The Settlement Agreement is in furtherance of the purpose of Industrial Safety, is consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act of 1977, represents a full and final determination of this matter, and is hereby approved.

ORDER

IT IS HEREBY ORDERED that Citation 1, Item 1 shall be re-classified from Serious to Non-Serious.

IT IS FURTHER ORDERED that the penalty amount for Citation 1, Item 1 shall be reduced by 50% to $750.00.

IT IS FURTHER ORDERED that Respondent agrees to obtain the services of a safety consultant for a minimum period of 1 year in order to improve the safety and health culture of its business.

IT IS FURTHER ORDERED that Respondent agrees to withdraw its Request for Hearing with regard to Inspection No. PP-2022-V4364-0016 with prejudice.

IT IS FURTHER ORDERED that this matter is vacated from the Office of Administrative

Hearings and remanded back to the Arizona Division of Occupational Safety and Health of the Industrial Commission of Arizona for further processing and disposition.

Each party is to bear its own attorney’s fees and costs.

NOTICE

Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Industrial Commission of Arizona, Administrative Law Judge Division, as provided by Ariz. Rev. Stat. §§ 23-421(C) and 23-423 (A) & (B). Written requests for review must be filed within fifteen (15) days after the mailing of this Decision. A written request for review shall be considered “filed” with the Industrial Commission of Arizona if the request is deposited in the U.S. Mail, postage prepaid, or if the request is actually received by an office of the Industrial Commission of Arizona, If no written request is filed within the time provided, this Decision becomes final.

DATED this 25th day of August, 2022.

By: /s/ Jenna Clark

Administrative Law Judge

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 August 25th 2022:

Jessie Atencio, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Mohamad Chehab, Esq.

Industrial Commission of Arizona

c/o Legal Division

800 W. Washington St., Ste. 303

Phoenix, AZ 85007

[email redacted]

David M. Howard

Premier Risk Management

4501 N. 22nd St., Ste. 190

Phoenix, AZ 85016

[email redacted]

By: c. serrano