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RF-2024-AD245-0021-ADOSH · Arizona Division of Occupational Safety and Health · 2024-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

FLAGSTAFF UNIFIED SCHOOL DISTRICT - COCONINO HIGH SCHOOL,

Respondent.

No. RF-2024-AD245-0021-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On January 16, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a Flagstaff Unified School District - Coconino High School, (“Respondent”) worksite, located at 2801 N Izabel Street, Flagstaff, AZ 86004, and designated as Inspection No. RF-2024-AD245-0021, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on May 17, 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 December 10, 2024, 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 in 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, shall be deleted in its entirety, including deletion of the $15,625.00 assessed penalty.

2. Citation 1 Item 1b, with no assessed penalty, shall be deleted in its entirety.

3. Citation 2 Item 1, with no assessed penalty, shall be deleted in its entirety.

IT IS FURTHER ORDERED that:

4. In exchange for the three deletions above, Respondent agrees to make a two-year commitment to participate in the Public Entity Partnership Program (“PEPP”), which consists of four (4) consultation visits per year [approximately one (1) visit every three (3) months], totaling eight (8) consultation visits for the two-year period, during which time Respondent agrees to:

a. Draft a commitment letter on District letterhead, indicating that Respondent is making a two-year commitment to participate in the PEP Program.

b. Schedule a total of eight (8) consultation visits, four (4) per year, at worksites, dates, and times of Respondent’s choice at Coconino High School within 60 days of the date of the order approving the Settlement Agreement (“Agreement”) by contacting Angela Murphy [602-542-1769; [email redacted]] of the ADOSH Consultation Unit.

c. Correct any apparent hazards found during each consultation visit within an agreed-upon time frame not to exceed 30 days or up to 90 days with two 30-day extensions, having (1) informed employees of the hazard; and (2) restricted employee access with respect to the hazard.

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 10th day of December 2024.

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 11th day of December 2024:

Brian Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street, 2nd Floor

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Scott Cooley

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Flagstaff Unified School District - Coconino High School

c/o Eli T. Enger, Esq.

Udall Shumway PLC 1138 N. Alma School Road, Suite 101 Mesa, AZ 85201

[email redacted]

Respondent

By: OAH Staff