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RF-2024-EG419-0050-ADOSH · Arizona Division of Occupational Safety and Health · 2024-11-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

CAVCO INDUSTRIES, INC.,

Respondent.

No. RF-2024-EG419-0050-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On February 15, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a CAVCO INDUSTRIES, INC. (“Respondent”) worksite, located at 1300 S. Litchfield Rd., Goodyear, AZ 85338 and designated Inspection No. RF-2024-EG419-0050, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on July 25, 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 November 19, 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 (“Agreement”) is incorporated by reference, adopted herein and made a part of this order.

The 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 is reclassified from Serious to Non-serious and the assessed penalty is reduced from $16,131.00 to $9,000.00.

Citation 1 Item 2 is reclassified from Serious to Non-serious and the assessed penalty is reduced from $14,518.00 to $9,000.00.

Citation 1 Item 3 is deleted in its entirety, which includes deletion of both the classification and the assessed penalty of $10,372.

IT IS FURTHER ORDERED that:

In exchange for the reclassifications, penalty reductions, and deletion above, Respondent shall schedule, within 60 days from the mailing date of the order approving the Settlement Agreement (“Agreement”), two (2) consultation visits at worksites of Respondent’s choice, which will occur within one (1) year from the mailing date of the order.

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 by 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 26th day of November 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 the 26th day of November 2024:

Brian Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street, 2nd Floor

Phoenix, AZ 85007

[email redacted]

ADOSH Director

Scott J. Cooley, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Cavco Industries, Inc.

c/o Michael Rubin, Esq.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2415 East Camelback Road, Suite 800 Phoenix, AZ 85016

[email redacted]

Attorney for Respondent

By: OAH Staff