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UR-2021-O2204-0004-ADOSH · Arizona Division of Occupational Safety and Health · 2022-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

AMERICOLD LOGISTICS, LLC,

Respondent

No. UR-2021-O2204-0004-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On October 28, 2021, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of an Americold Logistics, LLC (“Respondent”) worksite located at 500 S 99th Avenue, Tolleson, AZ 85353, designated as Inspection No. UR-2021-O2204-0004, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on February 18, 2022.

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 August 19, 2022, 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 in, 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:

1. Citation 1 Item 1 stands as issued.

2. Citation 1 Item 2 stands as issued, with the exception of c, which is deleted.

3. Citation 1 Item 3 is deleted in its entirety.

4. Citation 1 Item 4 is deleted in its entirety, and the deletion includes the assessed penalty of $1,000.00.

IT IS FURTHER ORDERED that: Respondent shall deliver the signed Agreement by email on or before August 18, 2022 to Scott Cooley, Legal Division, Industrial Commission of Arizona, email address: [email redacted].

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

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 19th day of August 2022.

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 19th day of August 2022:

Jessie Atencio

Division of Occupational Safety and Health

Industrial Commission of Arizona

800 W. Washington Street, 2nd Floor

Phoenix, AZ 85007

[email redacted]

ADOSH Director

Scott J. Cooley, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Lucas I. Pangle, Esq.

Wharton, Aldhizer & Weaver PLC

100 South Mason Street

P.O. BOX 20028

Harrisonburg, VA 22801-7528

[email redacted]

Attorney for Respondent

By: c. serrano