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PP-2024-JW184-0043-ADOSH · Arizona Division of Occupational Safety and Health · 2026-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

ARROWMARK UNDERGROUND LLC DBA LOCAL UNDERGROUND CONSTRUCTION,

Respondent

No. PP-2024-JW184-0043-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On November 23, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Arrowmark Underground LLC dba Local Underground Construction (“Respondent” or “Arrowmark”) located at West of 75th Avenue and West Van Buren, Tolleson, AZ 85353. Inspection No. PP-2024-JW184-0043. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on May 10, 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 January 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 attached to, 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:

1. Citation 1 Item 1, a "Serious" citation, including its penalty of $6,697.00 is deleted in its entirety.

2. Citation 1 Item 2, a "Serious" citation, including its penalty of $6,697.00 is deleted in its entirety.

3. In exchange for the terms set forth above, Respondent agrees to the following within sixty (60) days of the execution of the Findings and Order confirming settlement:

a) Enroll in the ADOSH Trenching Alliance for a period of two (2) years.

b) Contact ADOSH Consultation Team to schedule and conduct a Pre-SHARP visit.

c) Create a Safety Presentation detailing the creation of positive safety culture.

d) Create and implement a Dig Permit procedure.

4. The parties agree that the abatement items described in Paragraph 3, items (a)-(d) will be completed within sixty (60) days of the execution of the Findings and Order confirming settlement.

IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.

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 9th 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’ representatives named below via email on the 9th day of February 2026.

Brian Hudson, Director

[email redacted]

Arizona Division of Occupational Safety & Health

Christina Lopez

[email redacted]

[email redacted]

Counsel for ADOSH

Charles Keller, Esq.

[email redacted]

Counsel for Respondent

By: OAH Staff