Vacate

RF-2024-T3633-0155-ADOSH · Arizona Division of Occupational Safety and Health · 2025-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

GOLD BOND BUILDING PRODUCTS, LLC,

Respondent.

No. RF-2024-T3633-0155-ADOSH

ORDER VACATING

HEARING

On April 4, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of GOLD BOND BUILDING PRODUCTS, LLC (“Respondent” or “GOLD BOND”) located at the 1414 East Hadley Street, Phoenix, Arizona 85034, Inspection No. RF-2024-T3633-0155-ADOSH. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on August 22, 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:

1. On May , 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.

2. 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 is reclassified as Non-Serious.

Citation 2 Item 1 is reclassified as Non-Serious.

Citation 1 Item 1a is amended to cite to 1910.179(J)(4)(3).

Citation 2 Item 1 is amended to cite to 1910.184(e)(3)(iii).

IT IS FURTHER ORDERED that:

1. Respondent, GOLD BOND shall:

a. Produce a copy of their pre-use crane inspection program, including a hazard recognition checklist, within 30 days of the date of the signed Findings and Order Approving Settlement.

b. Contact ADOSH Consultation within 60 days of the date of the signed Findings and Order Approving Settlement Agreement, to schedule three (3) consultation visits to occur over an eighteen (18) month period.

c. Produce a copy of their heat illness prevention plan within 30 days of the date of the signed Findings and Order Approving Settlement.

d. Produce a copy of their third-party inspection contract within 30 days of the date of the signed Findings and Order Approving Settlement.

e. Pay the reduced penalty of $11,167.80 within 30 days of the effective date of the settlement agreement.

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

Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 14th day of May 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 14th day of May 2025.

Brian Hudson

Division of Occupational Safety & Health

800 West Washington Street

Phoenix, Arizona 86007

[email redacted]

ADOSH Director

Christina Lopez, Esq.

Legal Division

Industrial Commission of Arizona

800 West Washington Street, Suite 303

Phoenix, Arizona 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Nick Scala , Esq.

GOLD BOND BUILDING PRODUCTS, LLC.

Conn Maciel Carey LLP

4200 Regent Street, Suite 200

Columbus, Ohio 43219

[email redacted]

Attorney for Respondent

By: OAH Staff