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UR-2023-A7717-0068-ADOSH · Arizona Division of Occupational Safety and Health · 2023-08-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant
v
JACK B. HENDERSON CONSTRUCTION, INC.,
Respondent
No. UR-2023-A7717-0068-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On October 7, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Jack B. Henderson Construction, Inc.’s (“Respondent”) worksite located at I-17 & Dove Valley Rd., Phoenix, Arizona 85083, Inspection No. UR-2023-A7717-0068 resulting in the issuance of a Citation and Notification of Penalty to Respondent on March 8, 2023.
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 litigating through a formal hearing.
FINDINGS AND CONCLUSIONS
NOW, THEREFORE, the parties agree to settle this matter as follows:
On August 25, 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, said Settlement Agreement is by this reference adopted herein and made a part hereof.
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 shall be deleted in its entirety.
IT IS FURTHER ORDERED that Citation No. 1, Item No. 2 shall be deleted in its entirety.
IT IS FURTHER ORDERED that Citation No. 1, Item No. 3 shall be deleted in its entirety.
IT IS FURTHER ORDERED that Citation No. 1, Item No. 4 shall be remain as written.
IT IS FURTHER ORDERED that Citation No. 1, Item No. 5 shall be deleted in its entirety.
IT IS FURTHER ORDERED that the legal effect of A.A.C. R20-5-817 is waived.
IT IS FURTHER ORDERED that the Respondent shall pay the sum of $1,000.00 to Complainant and said payment must be received by Complainant within fourteen (14) business days from the date this Findings & Order Approving Settlement Agreement is mailed.
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 fourteen (14) 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 Eigenheer
Administrative Law Judge
DATED IN PHOENIX, ARIZONA, THIS 28th DAY OF AUGUST, 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 August 28th, 2023:
Jessie Atencio, Director
Industrial Commission of Arizona
Division of Occupational Safety and Health
800 W. Washington Street
Phoenix, AZ 86007
Sophia Cox, Esq.
Legal Division
Industrial Commission of Arizona
800 W. Washington Street, Suite 303
Phoenix, AZ 85007
[email redacted]
Charles P. Keller, Esq.
Snell & Wilmer L.L.P.
One East Washington Street Suite 2700 Phoenix, Arizona 85004-2556
[email redacted]
By: OAH Staff