Vacate
RF-2024-TM082-0017-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.
AVANTI WINDOWS & DOORS, LLC,
Respondent
No. RF-2024-TM082-0017-ADOSH
ORDER VACATING
HEARING
FINDINGS
On June 26, 2025, the Parties filed an Informal Settlement Agreement (“Agreement”) resolving all issues and disputes involved in this matter and a Request to Approve the Agreement. The Agreement is incorporated herein by this reference.
The Agreement is in furtherance of the purpose of Industrial Safety, is consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act of 1977, represents a full and final determination of this matter, and is hereby approved.
ORDER
IT IS HEREBY ORDERED that Citation 1 Item 1 is amended and reclassified as Non-Serious under 29 C.F.R. §1910.132(f) with a reduction in the penalty to be $7,000.00.
IT IS FURTHER ORDERED that the Employer agrees to schedule with ADOSH’s Consultation Services three (3) separate visits to the Employer’s site within the 18-month period following the full execution of this Agreement. During each visit, an ADOSH consultant will review a specific issue/process identified by the Employer and provide advice on best practices the Employer can implement to make the issue/process safer.
IT IS FURTHER ORDERED granting Respondent’s request to withdraw its Notice of Contest and Request for Hearing with regard to Inspection No. RF-2024-TM082-0017 with prejudice.
IT IS FURTHER ORDERED that this matter is vacated from the Office of Administrative Hearings and remanded back to the Arizona Division of Occupational Safety and Health of the Industrial Commission of Arizona.
IT IS FURTHER ORDERED that Respondent shall remit payment by check in the amount of $7,000.00 to the Division as directed. The check shall be made payable to the Industrial Commission of Arizona.
Each party is to bear its own attorneys’ fees and costs.
NOTICE: Any party dissatisfied with this Decision may request review to the Review Board by filing a written request with the Industrial Commission of Arizona, Administrative Law Judge Division, as provided by Ariz. Rev. Stat. §§ 23-421(C) and 23- 423 (A) & (B). Written requests for review must be filed within fifteen (15) days after the mailing of this Decision. A written request for review shall be considered “filed” with the Industrial Commission of Arizona if the request is deposited in the U.S. Mail, postage prepaid, or if the request is actually timely received by an office of the Industrial Commission of Arizona. If no written request is filed within the time provided, this Decision becomes final.
DATED: July 31, 2025
/s/ Tammy L. Eigenheer
Tammy L. Eigenheer
Administrative Law Judge
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
CERTIFICATE OF SERVICE
The attached REQUEST TO APPROVE AND FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT was placed in, and is now a part of, the Office of Administrative Hearings file, and a copy thereof was served upon the upon all the parties hereinafter named via U.S. mail and email on July 31, 2025:
Brian Hudson, Director
Arizona Division of Occupational Safety and Health
[email redacted]
Steven G. Biddle
Littler Mendelson, P.C.
[email redacted]
Robert Irani
Industrial Commission of Arizona
[email redacted]
[email redacted]
By: OAH Staff
INFORMAL SETTLEMENT AGREEMENT
(In the Matter of Avanti Windows & Doors, LLC, ADOSH No. RF-2024-TM082-0017)
The undersigned Employer, Avanti Windows & Doors, LLC (“Avanti”), and the undersigned Division of Occupational Safety and Health (“ADOSH”), in settlement of the above referenced Citation and Penalties that were issued on June 14, 2024, hereby agree as follows:
1. The Parties agree that the Employer filed a timely Notice of Contest and has abated the alleged violation and provided a completed Abatement Certification to ADOSH.
2. The Employer agrees to pay the proposed penalties, if any, as issued with the above Citation(s) or as amended by this Agreement below. Payment will be made in full within 15 calendar days of the full execution of this Agreement. In the event the Employer is in default, the penalties assessed will revert to the original penalty amount.
3. The Employer and ADOSH agree that the Citation and Penalty is being amended and resolved as follows:
A. Citation 1, item 1, is amended and reclassified as Non-Serious under 29 C.F.R. §1910.132 (f);
B. The penalty for Citation 1, Item 1, is reduced to $7,000; and
C. The Employer agrees to schedule with ADOSH’s Consultation Services three (3) separate visits to the Employer’s site within the 18-month period following the full execution of this Agreement. During each visit, an ADOSH consultant will review a specific issue/process identified by the Employer and provide advice on best practices the Employer can implement to make the issue/process safer.
5. The Employer, by signing this Agreement, hereby waives its right to contest the above Citation and penalties.
6. The Employer agrees to immediately post a copy of this Agreement in a prominent place at or near the location of the alleged violation referred to in the Citation, as amended. This Agreement must remain posted for three (3) working days (excluding weekends and legal holidays).
7. The Employer agrees to continue to comply with the applicable provisions of the Arizona Occupational Safety and Health Act of 1972 (“Act”) and the applicable safety and health standards promulgated pursuant to the Act.
8. By entering into this Agreement, the Employer does not admit it violated the cited or any other standard for any litigation or other purpose.
9. No changes to this Agreement may be made without prior authorization from ADOSH management. Any unauthorized changes will void this Agreement in its entirety.
Avanti Windows & Doors, LLC Division of Occupational Safety & Health
By: ________________________ By: ________________________
Its: Vice President____________ Robert Irani
Date: 05-13-25_____________ Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Attorney for ADOSH
Date: 5/6/2025