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RF-2025-T3633-0042-ADOSH · Arizona Division of Occupational Safety and Health · 2026-06-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant
v.
T N R & S ACQUISITION, LLC DBA OMNI TUCSON NATIONAL RESORT
Respondent
No. RF-2025-T3633-0042-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On December 12, 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 T N R & S Acquisition, LLC dba Omni Tucson National Resort (“Respondent” or “Omni Tucson”) located at 2727 W. Club Dr., Tucson, AZ 85742, Inspection No. RF-2025-T3633-0042. This inspection resulted in ADOSH issuing a Citation and Notification of Penalty to the Respondent on February 13, 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 litigation and a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On May 15, 2026, 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:
Citation 1 Item 1 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is reduced to $4,500.00.
Citation 1 Item 2 is reclassified from “Serious” to “Non Serious”, and the assessed penalty is reduced to $2,000.00.
Citation 2 Item 1 remains as written.
IT IS FURTHER ORDERED that Respondent:
Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a comprehensive consultation visit that includes the golf-course and any maintenance areas with ADOSH Consultation Services that shall be completed within the 6-month period following the effective date of the Settlement Agreement.
Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a Thermal Program Inspection with ADOSH Consultation Services that shall be completed in the 6-month period following the effective date of the Settlement Agreement.
Contact ADOSH Consultation within 30 days of the effective date of the Settlement Agreement to schedule “OSHA 10 Hour General Industry” training, “OSHA Recordkeeping Final Rule Seminar,” and “Effective Accident Investigation” training with the ADOSH trainer which shall be completed by all Omni Tucson’s supervisors in maintenance and field operations within the 6-month period following the effective date of the Settlement Agreement.
Contact ADOSH Consultation within 30 days of the effective date of the Settlement Agreement to schedule “Arizona State Emphasis to Combat Heat Illness and Injury in the Workplace” training with the ADOSH trainer which shall be completed by all Omni Tucson’s golf course employees within the 6-month period following the effective date of the Settlement Agreement.
Submit all documentation and correspondence required under the settlement agreement via email to [email redacted].
Shall pay the total assessed penalties of $7,500.00 within 30 days of the effective date of the Settlement Agreement.
Shall submit the Abatement Certification and supporting abatement documentation to [email redacted] within 30 days of this Findings & Order Approving 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 5th day of June 2026.
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 5th day of June 2026:
Brian Hudson, Director
Division of Occupational Safety & Health
800 West Washington Street
Phoenix, Arizona 86007
[email redacted]
ADOSH
Sophia Cox, Esq.
Legal Division
Industrial Commission of Arizona
800 West Washington Street, Suite 303
Phoenix, Arizona 85007
[email redacted]
[email redacted]
Attorney for ADOSH
Lindsay G. Leavitt, Esq.
Fennemore
2394 East Camelback Road
Suite 600
Phoenix, Arizona 85016
[email redacted]
Attorney for the Respondent
By: OAH Staff