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PP-2024-JW184-0098-ADOSH · Arizona Division of Occupational Safety and Health · 2026-06-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

I AND I CONSTRUCTION LLC,

Respondent

No. PP-2024-JW184-0098-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On July 15, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of I and I Construction LLC, (“Respondent”) located at 3118 West Van Buren, Street, Phoenix, AZ 85009, Inspection No PP-2024-JW184-0098. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on November 14, 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:

On May 15, 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 1a will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will remain $0.00.

Citation 1 Item 1b will remain “Serious”, and the assessed penalty will be reduced to $0.00.

Citation 1 Item 2 will remain “Serious”, and the assessed penalty will be reduced to $0.00.

Citation 1 Item 3 will remain “Serious”, and the assessed penalty will be reduced to $0.00.

Citation 1 Item 4 will remain “Serious”, and the assessed penalty will be reduced to $0.00.

Citation 1 Item 5a will remain “Serious”, and the assessed penalty will be reduced to $0.00.

Citation 1 Item 5b will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will remain $0.00.

Citation 1 Item 5c will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will remain $0.00.

IT IS FURTHER ORDERED that Respondent will:

Schedule the OSHA 510 - Occupational Safety and Health Standards for the Construction Industry course for at least the owner and a second employee selected by the owner, within 6 months of the effective date of the Settlement Agreement.

Provide proof of OSHA 510 course participation, within 30 days of the completion of the course.

Ensure the OSHA 10 - Construction course is completed by each employee within 6 months of the effective date of the Settlement Agreement.

Provide proof of OSHA 10 course participation, within 30 days of the completion of the course.

Ensure the following ADOSH courses are completed by each employee within 6 months of the effective date of the Settlement Agreement:

ADOSH 101- Hazard Communication

ADOSH 101- 1926 Subpart M-Fall Protection in Construction

ADOSH 101- Principals in Scaffolding

ADOSH 101- Hazard Recognition in Construction

ADOSH 101- Lockout/Tagout

Provide proof of ADOSH course attendance, within 30 days of the competition of each class.

Contact ADOSH Consultation Services to schedule one safety consultation visit in the 6-month period following the effective date of the Settlement Agreement. Respondent consents and authorizes ADOSH Consultation Services to disclose the schedule date of the consultation visit to the Director of ADOSH.

Produce a safety plan that includes fall protection, hazard communication, lockout/tagout, and general construction hazard recognition within 3 months of the effective date of the Settlement Agreement.

Submit all documentation and correspondence required under this section via email to [email redacted] and [email redacted].

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 10th day of June 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 10th day of June 2026:

Brian Hudson, Director

[email redacted]

ADOSH

Robert Irani, Esq.

[email redacted]

[email redacted]

Attorney for ADOSH

Ivan Ibarra, Owner

[email redacted]

Respondent

By: OAH STAFF