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RF-2025-TN976-0045-ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

MERCURY SYSTEMS, INC.,

Respondent

No. RF-2025-TN976-0045-ADOSH

FINDINGS AND ORDER APPROVING

SETTLEMENT AGREEMENT

On April 11, 2025, the Arizona Division of Occupational Safety and Health (“ADOSH” or “Division”) conducted an inspection of MERCURY SYSTEMS, INC. (“Respondent” or “Mercury Systems”), located at 3601 East University Drive, Phoenix, Arizona 85034 (the “Worksite”). The Division assigned Inspection Number RF-2025-TN976-0045 to the inspection. On May 22, 2025, the Division issued a Citations and Notification of Penalty (“Citation”). The Citation contained four alleged violation items (Citation 1, Items 1-3, and Citation 2, Item 1).

Citation 1, Item 1 alleged a Serious violation of 29 CFR 1910.132(d)(2): “The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.” A penalty of $16,550 was proposed in relation to Citation 1, Item 1.

Citation 1, Item 2 alleged a Serious violation of 29 CFR 1910.1200(h)(1): “Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.” A $16,550 penalty was proposed in relation to Citation 1, Item 2.

Citation 1, Item 3 alleged a Serious violation of 29 CFR 1910.1200(g)(8): “The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.).” A penalty of $16,550 was proposed in relation to Citation 1, Item 3.

Citation 2, Item 1 alleged a Non-Serious violation of 29 CFR 1904.4(a): “The employer did not record each work-related fatality, injury or illness case that resulted in the general recording criteria on the OSHA Form 300 or equivalent.” A penalty of $0.00 was proposed in relation to Citation 2, Item 1.

WHEREAS, Respondent filed a timely notice of contest with respect to the above-mentioned Citations and Notification of Penalty, and the Division and Respondent (collectively, “Parties”) now desire to settle this matter without the necessity and uncertainty of a formal hearing. The 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 this matter.

The undersigned, having fully considered the file, records, and all other relevant matters, now enters Findings and Conclusions as follows:

FINDINGS AND CONCLUSIONS

1. The Parties have filed a Settlement Agreement (“Agreement”) resolving all issues and disputed involved in this matter. The Agreement is fully incorporated by reference and made a part of this document.

2. The Agreement is in furtherance of the purpose of industrial safety and is consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter, eliminating any need for and constituting a waiver of the right to hearing or any alternate determination on the merits of the citations, classifications, and stated penalties, and is hereby approved.

ORDER

IT IS ORDERED that the Division will:

Amend Citation 1, Item 1 to a violation of 29 CFR 1910.9(b), and reclassify the violation as Non-Serious.

Delete Citation 1, Item 2.

Delete Citation 1, Item 3.

Delete Citation 2, Item 1.

IT IS FURTHER ORDERED that the Division will:

Delete the proposed penalties associated with Citation 1, Item 1; Citation 1, Item 2; Citation 1, Item 3; and Citation 2, Item 1.

IT IS FURTHER ORDERED that within 30 days of the effective date of the Settlement Agreement, the Respondent will contact ADOSH Consultation to schedule a pre-SHARP application visit to the Worksite to be completed in the 6-month period following the effective date of the Settlement Agreement. The consultation visit will be commenced and completed during Respondent’s normal business hours of 9:00 a.m. – 5:00 p.m. Arizona time. The exact date and start time of the consultation visit will be mutually agreed upon by Respondent and ADOSH Consultation Team, and confirmed in an email exchange between an ADOSH representative and Michael Astgen ([email redacted]).

Any issues found during the Pre-SHARP application visit shall be abated within 30 days after completion of the visit. Respondent consents and authorizes ADOSH Consultation Services to disclose the scheduled date of the Pre-SHARP application visit to the Director of ADOSH.

IT IS FURTHER ORDERED that the results of any consultation visit, and any condition observed or noted in connection with any consultation visit, will remain confidential and cannot form the basis of any citation, penalty, or enforcement proceeding against Respondent. The Parties further understand and agree that the corrective-measures documentation defined in Paragraph 6 of the Settlement Agreement will remain confidential and cannot form the basis of any citation, penalty, or enforcement proceeding against Respondent.

IT IS FURTHER ORDERED that within 6 months of the effective date of the Settlement Agreement, the 15 supervisors at the Worksite (including the Environmental Health & Safety Manager, the Facilities Manager, and the Production Manager) will register for and successfully complete the following classes online: ADOSH 101 OSHA Record Keeping, ADOSH 101 Hazard Awareness and Risk Management, and ADOSH 101 Hazard Communication Standard.

The above-mentioned classes will be registered for and completed during the periods listed below, via the ADOSH homepage at https://ezregister.com/promoters/1607/):

ADOSH 101 Hazard Communication Standard: To be scheduled in the first quarter (July – September 2026).

ADOSH 101 Hazard Awareness and Risk Management: To be scheduled in the first quarter (July – September 2026).

ADOSH 101 OSHA Record Keeping: To be scheduled in the second quarter (October – December 2026).

All documentation and correspondence required under this section will be submitted via email to [email redacted].

IT IS FURTHER ORDERED that Respondent’s request in the Agreement to withdraw its Notice of Contest and Request for Hearing with respect to Inspection Number RF-2025-TN976-0045-ADOSH is granted.

IT IS FURTHER ORDERED that each party is to bear its own attorney fees and costs.

7. IT IS FURTHER ORDERED that the hearing in this matter is vacated from the docket of the Office of Administrative Hearings and the matter is referred back to the Arizona Division of Occupational Safety and Health of the Industrial Commission of Arizona.

NOTICE

Any party dissatisfied with this Decision may request review by the Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the Decision as provided by Arizona Revised Statutes §§ 23-421(C), 23-423(A), and 23-423(B). If no such request is made within the time provided, the Decision becomes final.

Office of Administrative Hearings

By: Tammy L. Eigenheer d

Hon. Tammy L. Eigenheer

Administrative Law Judge

DATED AND MAILED IN PHOENIX, ARIZONA, THIS 20th DAY OF APRIL, 2026.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS AND 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 and/or email on April 20, 2026.

Brian Hudson, Director

Division of Occupational Safety and Health

Industrial Commission of Arizona

800 W. Washington Street

Phoenix, AZ 85007

[email redacted]

ADOSH

Erin Goeman, Esq.

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Mitchell J. Anderson, Esq.

(AZ Bar # 036609)

Fisher & Phillips LLP

227 West Trade Street, Suite 2020

Charlotte, NC 28202

[email redacted]

Attorney for Respondent

By: OAH Staff