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UR-2023-F9669-0049-ADOSH · Arizona Division of Occupational Safety and Health · 2024-09-03
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA,
Complainant,
v
SUNRUN INSTALLATION SERVICES INC.,
Respondent.
No. UR-2023-F9669-0049-ADOSH
FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT
On January 17, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection at a worksite of Sunrun Installation Services Inc., (“Respondent”), located at 402 E Windsor Drive, Gilbert, AZ 85296 and designated Inspection No. UR-2023-F9669-0049. This inspection resulted in Division issuing a Citation and Notification of Penalty (Citation) to Respondent on June 1, 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, as 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 September 3, 2024 the parties filed a Settlement Agreement (Agreement) resolving all issues and disputes involved in this matter. The 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 Agreement is by this reference, adopted in, and made a part of this order.
The 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 reclassified from Serious to Non-Serious, but with no reduction in the assessed penalty of $10,360.00. However, the more general safety and health standard, 29 CFR 1926.20(b)(2), is substituted for the residential fall protection standard, 29 CFR 1926.501(b)(13), as follows:
29 CFR 1926(b)(2): The Employer’s programs shall provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons designated by the Employer.
402 E. Windsor Rd., Gilbert, AZ: The foreperson failed to conduct frequent and regular inspection of his employees installing solar panels on a single-story single-family home.
IT IS FURTHER ORDERED that, in exchange for the reclassification, Respondent shall:
Provide a copy of Respondent’s existing heat program, for use by the Division as an example, within 30 days after service of this order approving the Agreement;
Select a hydration meter of the Respondent’s choice, using the hydration meter at work sites of Respondent’s choice, and provide the Division, on a quarterly basis, with safety information relating to employee use of the hydration meter for a period of 1 year, such as heat-related incidents avoided, starting within 30 days after service of the order approving the Agreement; and
Conduct training of Arizona employees related to the heat program and use of the hydration meter selected within 30 days after service of the order approving the Agreement.
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 23-423(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 3rd day of September 2024.
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 3rd day of September 2024:
Brian Hudson
Division of Occupational Safety and Health
Industrial Commission of Arizona
800 W. Washington Street, 2nd Floor
Phoenix, AZ 86007
[email redacted]
ADOSH Director
Scott J. Cooley, Esq.
Legal Division
Industrial Commission of Arizona
[email redacted]
Attorney for Claimant
Sunrun Installation Services Inc.
c/o Kristen R.B. White
Fisher & Phillips LLP
[email redacted]
Attorney for Respondent
By: OAH Staff