Vacate

RF-2024-AM866-0019-ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

WALMART INC. DBA WALMART SUPERCENTER #1370,

Respondent

No. RF-2024-AM866-0019-ADOSH

ORDER VACATING

HEARING

On April 5, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona ("ADOSH" or "Division") conducted an inspection at a worksite location of Walmart Inc. dba Walmart Supercenter #1370 ("Respondent") located at 2840 Arizona 95, Bullhead City, AZ 86442 Inspection No. RF-2024-AM866-0019.

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 February 26, 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 1 will be deleted.

Citation 2 Item 1 will be deleted.

IT IS FURTHER ORDERED that Respondent:

Contact ADOSH consultation within 60 days of the effective date of this Settlement Agreement to schedule one safety consultation visit with ADOSH Consultation Services of the fast unloader system in the 12-month period following the effective date of this Settlement Agreement. Respondent consents and authorizes ADOSH Consultation Services to disclose the scheduled date of the consultation visit to the Director of ADOSH.

Submit all documentation and correspondence required under the settlement agreement via email to [email redacted] and [email redacted].

The parties understand and agree that the hearing originally set for January 6, 2025, will be canceled and not re-set.

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 15th day of April 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 15th day of April 2026:

Brian Hudson, Director

[email redacted]

ADOSH

Robert Irani, Esq.

[email redacted]

[email redacted]

Attorney for ADOSH

Ronald Taylor, Esq.

[email redacted]

Attorney for Respondent

By: OAH STAFF