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RF-2024-JW184-0092-ADOSH · Arizona Division of Occupational Safety and Health · 2025-07-31
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
ALTHOFF INDUSTRIES, LLC DBA AAA PALLET & LUMBER CO.,
Respondent
No. RF-2024-JW184-0092-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On July 1, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of an Althoff Industries, LLC dba AAA Pallet & Lumber Company (“Respondent”) worksite, located at 3401 West Harrison Street, Phoenix, AZ 85009 and designated Inspection No. RF-2024-JW184-0092, resulting in the issuance of a Citation and Notification of Penalty (“Citation”) to Respondent on November 21, 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 July 28, 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, 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 1a shall be reclassified from Serious to Nonserious and the assessed penalty of $4,839.00 deleted.
Citation 1 Item 1b shall be reclassified from Serious to Nonserious.
Citation 1 Item 1c shall be reclassified from Serious to Nonserious.
Citation 1 Item 2 shall be reclassified from Serious to Nonserious and the assessed penalty of $4,839.00 deleted.
Citation 1 Item 3 shall be reclassified from Serious to Nonserious and the assessed penalty of $8,067.00 deleted.
Citation 1 Item 4 shall be reclassified from Serious to Nonserious and the assessed penalty reduced from $8067.00 to $2,500.00.
Citation 1 Item 5a shall be reclassified from Serious to Nonserious and the assessed penalty of $4,839.00 deleted.
Citation 1 Item 5b shall be reclassified from Serious to Nonserious.
Citation 2 Item 1 remains classified as Nonserious with no assessed penalty.
Citation 2 Item 2 remains classified as Nonserious with no assessed penalty.
Citation 2 Item 3 remains classified as Nonserious with no assessed penalty.
Citation 2 Item 4 remains classified as Nonserious with no assessed penalty.
IT IS FURTHER ORDERED that:
In exchange for the above, Respondent agrees to:
Spend $20,000.00 to implement safety procedures, training, and compliance improvements; and
Schedule two consultation visits within 60 days of service of the order approving the settlement agreement, to be conducted within one year of service 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 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 31st day of July 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 the 31st day of July 2025:
Brian Hudson, Director
Division of Occupational Safety and Health
Industrial Commission of Arizona
[email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
[email redacted]
Attorney for ADOSH
Matthew Althoff, Trustee/Owner
Althoff Industries, LLC dba AAA Pallet & Lumber Company
[email redacted]
Respondent
Althoff Industries, LLC dba AAA Pallet & Lumber Company c/o
James M. Hamilton, President Hamilton Consulting, Inc. [email redacted]
Respondent
By: OAH Staff