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RF-2025-MH679-0008- ADOSH · Arizona Division of Occupational Safety and Health · 2025-10-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

THE COOLER GUYS LLC,

Respondent

No. RF-2025-MH679-0008- ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On March 19, 2025 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of The Cooler Guys LLC, (“Respondent”) worksite located at 3925 North Business Center Drive, Tucson, AZ 85705, Inspection No.: RF-2025-MH679-0008, resulting in the issuance of a Citation and Notification of Penalty to Respondent on June 5, 2025.

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 October 16, 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 $5,000.00.

2. Citation 1, Item 2 will be reclassified from Serious to Non-Serious, and the assessed penalty will be reduced to $0.00.

IT IS FURTHER ORDERED that the Respondent will comply with the following:

1. Provide ADOSH with a copy of the third-party contract for the development of a fall protection plan within 30 days of the effective date of this Settlement Agreement.

2. Provide ADOSH with a copy of The Cooler Guys, LLC fall protection plan within 30 days of the effective date of this Settlement Agreement.

3. Provide ADOSH with a copy of all receipts, contracts, and any other documentation from the purchase of safety items and safety training(s) that have already been completed or will be completed at a future date within 30 days of the effective date of this Settlement Agreement.

4. Submit all documentation and correspondence required under this section via email to [email redacted].

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 27th day of October 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 this 27th day of October 2025:

Brian Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Erin Goeman

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Nathan Woodhall

Owner

The Cooler Guys LLC

912 South Park Avenue

Tucson, AZ 85719

[email redacted]

Respondent

By: OAH Staff