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RF-2024-T3633-0168-ADOSH · Arizona Division of Occupational Safety and Health · 2025-11-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

CITY OF MESA-BRIMHALL AQUATIC CENTER,

Respondent

No. RF-2024-T3633-0168-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On June 10, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) conducted an inspection at a worksite location of City of Mesa- Brimhall Aquatic Center (Respondent) located at 4949 East Southern Avenue, Mesa, AZ 85206 Inspection No. RF-2024-T3633-0168. This inspection resulted in ADOSH issuing a Citation and Notification of Penalty to the Respondent on October 31, 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 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, 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:

1. Citation 1 Item 1b will be deleted. 2. Citation 1 Item 1a will be deleted and the assessed penalty will be deleted. 3. Citation 1 Item 2 will be deleted and the assessed penalty will be deleted.

IT IS FURTHER ORDERED that Respondent:

4. Undertake to become a member of the ADOSH Public Entities Partnership

Program (PEPP) for a three-year term, to assist in building a safety management system, within 30 days of the effective date of this Settlement Agreement.

b. Provide documentation to demonstrate membership in the PEPP within 60 days of the effective date of this 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

The Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 24th day of November 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 24th day of November 2025:

Brian Hudson, Director

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH

Christina Lopez, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Alfred Smith, Esq.

City of Mesa- Brimhall Aquatic Center

Deputy City Attorney

4949 East Southern Avenue

Mesa, AZ 85206

[email redacted]

Counsel for Respondent Employer

By: OAH Staff