Vacate

PP-2025-TN246-0001-ADOSH · Arizona Division of Occupational Safety and Health · 2025-12-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

YOUNGER BROTHERS COMPONENTS, INC.

Respondent

No. PP-2025-TN246-0001-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On January 23, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Younger Brothers Components, Inc. (“Respondent”)’s worksite located at 8525 N. 75th Ave, Peoria, AZ 85345, Inspection No. PP-2025-TN246-0001 resulting in the issuance of a Citation and Notification of Penalty to Respondent on April 24, 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 litigating through a formal hearing.

FINDINGS AND CONCLUSIONS

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

On December 19, 2025, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.

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 No 1a, Citation 1, Item 1b, Citation 1, Item 1c, Citation 1, Item 1d, Citation 1, Item 1e and Citation 2, Item 1 shall be deleted in their entirety and that Citation 2, Item No 2 shall remain as is.

In exchange for the deleting of the alleged violations addressed in Paragraph No. 1 above, Respondent agrees to the following:

Schedule one ADOSH consultation visit at the truss manufacturing property;

Produce proof of payment for independent third party safety consulting services;

Conduct a full comprehensive ADOSH consultation of truss manufacturing property;

Remediate any unsafe or OSHA regulation non-compliant conditions found during inspection referenced in paragraph 3 above; and

Develop a pre-shift, pre-start up work area inspection checklist for the MiTek/Monet component saws.

Following completion of Items Nos. 1, 3 and 4 above, schedule a Pre-SHARPs consultation visit.

The parties covenant and agree that the abatement items described in Paragraph No. 2, items 1-6 will be completed within ninety (90) 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 to the Review Board by 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 22nd DAY OF DECEMBER, 2025.

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 December 22, 2025:

Brian A. Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Erin Goeman, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Charles P. Keller, Esq.

Snell & Wilmer L.L.P.

One East Washington Street Suite 2700 Phoenix, Arizona 85004-2556 [email redacted]

By: OAH Staff