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RF-2024-MS021-0002-ADOSH · Arizona Division of Occupational Safety and Health · 2025-01-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
AUTOMATED HARVESTING, LLC,
Respondent
No. RF-2024-MS021-0002-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On February 26, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Automated Harvesting, LLC (“Respondent” or “Automated Harvesting”) located at 10266 South Avenue 4 East, Yuma, AZ 85365 Inspection No. RF-2024-MS021-0002. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on August 16, 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 31, 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, 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 reclassified from “Serious” to “Non-Serious,” and the corresponding penalty in the amount of $16,131.00 will be reduced to $10,000.00.
IT IS FURTHER ORDERED that Respondent:
Produce a heat illness prevention plan within 30 days of the effective date of the Settlement Agreement.
Provide proof of employee training on the heat illness prevention plan within 30 days of the effective date of the Settlement Agreement.
Provide verification that prior to change in business model, training was conducted with all operators to include stop authority, within 30 days of the effective date of the Settlement Agreement.
Provide verification of no harvesting crews in the form of a current organizational roles spreadsheet, within 30 days of the effective date of the Settlement Agreement.
Undertake two safety consultation visits from ADOSH within 12 months of the effective date of the Settlement Agreement and provide documentation of the visits within 30 days of each visit to ADOSH.
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 Eigenheer,
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 2nd day of January 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 2nd day of January 2025:
Brian Hudson
Division of Occupational Safety & Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Robert Irani
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Gabriel Jaquez, Human Resources Manager
Automated Harvesting, LLC
20520 Spence Road
Salinas, California 93908
[email redacted]
Respondent
By: OAH Staff