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RF-2026-TN246-0069-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

ECOBAT RESOURCES ARIZONA, LLC.,

Respondent

No. RF-2026-TN246-0069-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On December 22, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Ecobat Resources Arizona, LLC, (“Respondent” or “Ecobat Resources Arizona, LLC”) located at 602 Swanson Street, Casa Grande, Arizona 85122, Inspection No. RF-2026-TN246-0069. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on February 5, 2026.

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 July 2, 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 remains “Serious,” and the assessed penalty is reduced to $0.00.

Citation 2 Item 1 remains “Non-Serious,” and the assessed penalty remains $0.00.

IT IS FURTHER ORDERED that Respondent:

Provide ADOSH with a risk assessment on all equipment, with a focus on guarding. The Respondent shall add guarding to equipment as needed and shall provide ADOSH with an accounting on how much money they have spent on guarding on or before July 31, 2026.

Within 30 days of the effective date of the Settlement Agreement, the Respondent shall reach out to Patrick Jordan of ADOSH to notify him the Respondent will be an SGE (Special Government Employee) for general industry inspections targeting guarding. The Respondent’s work with Mr. Jordan/ADOSH shall be completed within 6 months of the effective date of the Settlement Agreement.

Within 30 days of the effective date of the Settlement Agreement, the Respondent shall contact ADOSH Consultation to schedule a full comprehensive ADOSH Compliance Assistance Visit. This visit shall be utilized as a partnership between the Respondent and ADOSH for the training of new ADOSH CSHO’s (Certified Safety and Health Officials). The Compliance Assistance Visit shall be completed within 6 months of the effective date of the Settlement Agreement. Any issues found during the Compliance Assistance Visit shall be abated within 30 days after completion of the visit.

Shall work with ADOSH to enroll in the Thermal Heat Recognition Program at the same time as the Compliance Assistance Visit.

Submit all documentation and correspondence required under the settlement agreement 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 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 11th day of August 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 the 11th day of August 2026:

Bryce Rucker, Interim Director

Arizona Division of Occupational Safety and Health

[email redacted]

ADOSH

Erin Goeman, Esq.

Industrial Commission of Arizona

[email redacted]

[email redacted]

Attorney for ADOSH

Damon Kimball, Plant Manager

[email redacted]

Respondent

By: OAH Staff