Vacate

RF-2025-VM508-0074-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

WINDY CITY EQUIPMENT SERVICE, INC.,

Respondent

No. RF-2025-VM508-0074-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On September 12, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, (“ADOSH” or “Division”) inspected the worksite of Windy City Equipment Service, Inc., (“Respondent” or “Windy City”) located at 16410 North 91st Street Suite 103, Scottsdale, AZ 85260. Inspection No. RF-2025-VM508-0074. This inspection resulted in the Division issuing three “Serious” citations and one “Non-Serious” citation to the Respondent on January 29, 2026.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citations, 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 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 June 24, 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 attached to, 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 No. 1, Item No. 1 will remain “Serious” with a reduced penalty amount from $11,585.00 to $7,000.00.

Citation No. 1, Item No. 2 will be vacated in its entirety.

Citation No. 1, Item No. 3 will be reclassified to “Non-Serious” with no penalty.

Citation No. 2, Item No. 1 will be vacated in its entirety.

In exchange for the terms set forth above, Respondent agrees to the following:

Develop a pre-job roof job site hazard assessment checklist.

Develop a roof access hazard awareness checklist.

Develop a monthly fire extinguisher checklist.

Develop a significant injury facility management mitigation plan.

Ensure that all Arizona field management employees employed as of the date of the first OSHA 10-hour training class will attend and complete an OSHA 10-hour program (ADOSH will supply instructor at no cost to employer).

Within thirty (30) days of the signed Findings and Order Approving Settlement, Respondent will attempt to schedule an ADOSH Consultation visit with such visit to occur within six (6) months of this signed Findings and Order Approving Settlement Agreement.

The parties covenant and agree that the abatement items described in Paragraph No. 5, items (a) through (d) will be completed and appropriate documents submitted to [email redacted] within ninety (90) days of the execution of this Findings and Order Approving Settlement Agreement.

The parties covenant and agree that the items agreed to in Paragraph No. 5, items (e) and (f) need to be completed within six (6) months of the signed Findings and Order Approving Settlement Agreement.

The Respondent shall pay the sum of $ 7,000.00 to Complainant and said payment must be received by Complainant within fourteen (14) days of the signed Findings and Order Approving Settlement Agreement.

IT IS FURTHER ORDERED that the legal effect act of A.A.C. R20-5-817 is waived.

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, filing a written request with the Law Judge Division of the Industrial Commission within fifteen (15) days 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

Honorable Tammy L. Eigenheer

Administrative Law Judge

Done this 18th day of August of 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’ representatives named below via email on the 18th day of August 2026.

Bryce Rucker

Interim Director

Arizona Division of Occupational Safety and Health

[email redacted]

Sophia Cox

Industrial Commission of Arizona

[email redacted]

[email redacted]

Charles P. Keller

Snell & Wilmer, L.L.P.

[email redacted]

By: OAH Staff