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UR-2022-V4364-0010-ADOSH · Arizona Division of Occupational Safety and Health · 2023-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

LandSea Homes Corporation,

Respondent.

No.: UR-2022-V4364-0010-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On December 10, 2021 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of a LandSea Homes Corporation (“Respondent”) worksite located at 8636 N. 170th Lane, Surprise, AZ 85388, designated Inspection No.: UR-2022-V4364-0010, which resulted in the issuance of a Citation and Notification of Penalty to Respondent on April 14, 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 March 28, 2023, 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 deleted, which includes deletion of the assessed penalty of $975.00.

IT IS FURTHER ORDERED that, in exchange for deletion of the citation and the assessed penalty, the Respondent shall sign a Partnership Agreement with ADOSH, making a 2-year commitment to the Homebuilders Partnership Program in Arizona and submitting the signed Partnership Agreement within 30 days from the date of this order.

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: /s/ Tammy L. Eigenheer

The Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 29th day of March 2023.

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 29th day of March 2023:

Jessie Atencio, Director

Division of Occupational Safety and Health

Industrial Commission of Arizona

800 W. Washington Street, 2nd Floor

Phoenix, AZ 85007

[email redacted]

ADOSH Director

Scott Cooley

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

LandSea Homes Corporation

c/o Anna Sibley, Chief Administrative Officer

Courage Safety Systems, LLC

647 Camino De Los Mares, #108

San Clemente, CA 92673

[email redacted]

Respondent

By: ___________________________