Vacate
RF-2023-E7721-0099-ADOSH · Arizona Division of Occupational Safety and Health · 2024-03-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
D.R. Horton, Inc.
Respondent
No. RF-2023-E7721-0099-ADOSH
ORDER VACATING
HEARING
On April 25, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Division” or “ADOSH”) conducted an inspection of D.R. HORTON, INC., (“Respondent”), worksite located at 12854 E. Joffroy Drive, Vail, AZ 85641. The Division assigned inspection number RF-2023-E7721-0099-ADOSH to this inspection. As a result of the inspection, the Division issued a Citation and Notification of Penalty on August 14, 2023.
WHEREAS, the Respondent filed a timely notice of contest with respect to the above-mentioned Citation and Notification of Penalty, and the Division and the Respondent (the “parties”) now desire to settle this matter without the necessity and uncertainty of a formal hearing. The 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 the matter.
The undersigned, having fully considered the file, records and all other relevant matters, now 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 is incorporated by reference and made a part of this document.
The Settlement Agreement is in furtherance of the purpose of industrial safety and is consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter, eliminating any need for and constituting a waiver of the right to hearing or any alternate determination on the merits of the citations, classifications, and stated penalty, and is hereby approved.
ORDER
IT IS HEREBY ORDERED that Citation 1 Item 1 remains “Serious.” The penalty of $10,046.00 is reduced to $5,023.00. In exchange for the reduction of penalty, Respondent agrees to train its supervisors and construction managers in its Tucson division in fall protection and the OSHA exemption to fall protection within 90 days from the date the administrative law judge’s Order approves this Settlement Agreement.
IT IS FURTHER ORDERED that Citation 2 Items 1-3 remain the same.
IT IS FURTHER ORDERED that the Respondent’s request in the Settlement Agreement to withdraw its notice of contest and request for hearing with regard to inspection number RF-2023-E7721-0099-ADOSH is granted.
IT IS FURTHER ORDERED that if it has not already done so, within 14 days from the date of the judge’s order approving the Settlement Agreement, the Respondent agrees to deliver a bank check or money order in the amount of $5,023.00 made out to “the Industrial Commission of Arizona” and mail or deliver it to ADOSH, c/o Phil Murphy, Interim Director, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.
IT IS FURTHER ORDERED THAT each party is to bear its own attorney’s fees and costs.
IT IS FURTHER ORDERED that the hearing in this matter is vacated from the docket of the Office of Administrative Hearings and the matter is referred back to the Arizona Division of Occupational Safety and Health of the Industrial Commission of Arizona.
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.
By: /s/ Tammy L. Eigenheer
The Hon. Tammy L. Eigenheer
Administrative Law Judge
DATED AND MAILED IN PHOENIX, ARIZONA, THIS 29th DAY OF March, 2024.
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 March 29, 2024:
Phil Murphy, Interim Director
Arizona Division of Occupational Safety and Health Industrial Commission of Arizona
800 West Washington Street
Phoenix, Arizona, 85007
[email redacted]
Lori M. Carr, Esq.
Of Counsel
Estes, Thorne, Ewing & Payne, P.L.L.C.
3811 Turtle Creek Blvd., Ste. 2000
Dallas, TX 75219
[email redacted]
Attorney for Respondent
Jo-Ann Handy, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington, Suite 303
Phoenix, Arizona 85007
[email redacted]
Attorney for the Industrial Commission of Arizona
By: OAH Staff