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RF-2024-MS021-0027-ADOSH · Arizona Division of Occupational Safety and Health · 2025-12-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v.
THE PAINT KINGS, INC.,
Respondent
No. RF-2024-MS021-0027-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On July 22, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of The Paint Kings, Inc., (“Respondent”) worksite located at 2004 East 17th Street, Tucson, Arizona 85719, Inspection No.: RF-2024-MS021-0027 resulting in the issuance of a Citation and Notification of Penalty to Respondent on November 14, 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 litigating through a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On November 18, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.
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
1. Citation 1 Item 1 will be reclassified from “Serious” to “Non Serious”, and the assessed penalty will be reduced to from $9,795.00 to $2,000.00.
2. Citation 1 Item 2 was previously deleted and will remain deleted.
IT IS FURTHER ORDERED that the Respondent agreed to comply with, and has satisfactorily completed, the following terms:
1. Reach out to, engage with, and attend meetings of the Southern Arizona Home Builders Association (SAHBA).
2. Provide a copy of The Paint Kings, Inc. Fall Protection Plan to ADOSH.
3. Show proof of payments made to Insure Compliance from August 2024 – July 2025.
4. Submit all documentation and correspondence required under this section via email to [email redacted].
IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.
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 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 23-422(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 1st day of December, 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 1st day of December 2025:
Brian Hudson, Director
Industrial Commission of Arizona
Division of Occupational Safety and Health
800 W. Washington Street
Phoenix, AZ 86007
[email redacted]
ADOSH
Erin Goeman, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
[email redacted]
Attorney for ADOSH
Eddie O'Hair, President
The Paint Kings, Inc.
2004 East 17th Street
Tucson, AZ 85719
[email redacted]
Respondent
By: OAH Staff