Vacate

UR-2023-JW184-0034-ADOSH · Arizona Division of Occupational Safety and Health · 2024-08-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

GREYSTAR MANAGEMENT SERVICES LIMITED PARTNERSHIP,

Respondent.

No. UR-2023-JW184-0034-ADOSH

ORDER VACATING

HEARING

On September 22, 2022, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Division”) conducted an inspection of Building 47, Unit 1155, of the Vaseo Apartment Complex located at 16220 North 7th Street, Phoenix, Arizona 85022, resulting in the issuance of a Citation on February 23, 2024.

Citation 1, Item 1 was issued for an alleged Serious violation of 29 C.F.R. § 1910.28(b)(1)(i). Citation 1, Item 1 had an assessed penalty of $11,162.00.

Citation 1, Item 2 was issued for an alleged Serious violation of 29 C.F.R. § 1910.30(a)(1). Citation 1, Item 2 had an assessed penalty of $11,162.00.

Citation 2, Item 1 was issued for an alleged Serious violation of 29 C.F.R. § 1904.40(a). Citation 2, Item 3 had an assessed penalty of $0.00.

Respondent filed a timely Notice contesting the Citation on February 27, 2024, contesting the Citation. A formal hearing is not currently scheduled before the Office of Administrative Hearings (“OAH”).

Having fully considered the file, records, and all other relevant matters, the OAH enters Findings and Conclusions as follows:

FINDINGS AND CONCLUSIONS

1. The parties have filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement fully appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act, A.A.C. R20-5-827. Accordingly, the Settlement Agreement is by this reference adopted herein and made a part hereof. The material terms of the Settlement Agreement are as follows:

2. Citation 1, Item 1 shall be deleted with no penalty assessed.

3. Citation 1, Item 2 shall be reclassified from Serious to Non-Serious with a penalty in the amount of $11,162.00.

4. Citation 2, Item 1 shall be deleted with no penalty assessed.

5. Respondent agrees to the following:

a. Within fourteen (14) days after the date that the OAH approves the Findings and Order Confirming Settlement Agreement (“Order”), Respondent agrees to deliver a bank check or money order in the amount of $11,162.00 made out to “Industrial Commission of Arizona” and the payment will be delivered to the Legal Division, Industrial Commission of Arizona, 800 West Washington Street, Suite 303, Phoenix, Arizona 85007.

b. Within 100 days after the date that the OAH approves the Order, Respondent agrees to conduct refresher training of its Arizona maintenance employees in fall protection and ladder safety.

c. Within 120 days after the date that the OAH approves the Order, Respondent will provide ADOSH with documentation regarding the above training in fall protection and ladders. Respondent will submit the documentation to ADOSH confirming that Respondent’s Arizona maintenance employees received refresher training for fall protection and ladder safety.

d. Within 120 days after the date that the OAH approves the Order, Respondent will develop an updated safety addendum, to use for one year with construction companies that perform work at the jobsite.

6. The Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.

ORDER

IT IS HEREBY ORDERED,

Citation 1, Item 1 shall be deleted with no penalty assessed.

Citation 1, Item 2 shall be reclassified from Serious to Non-Serious with a penalty in the amount of $11,162.00

Citation 2, Item 1 shall be deleted with no penalty assessed.

IT IS FURTHER ORDERED that the Citations or alleged violations shall not be deemed as an admission of any matter, and Respondent does not admit that it violated the standards cited.

IT IS FURTHER ORDERED each party is to bear its own attorney's fees and costs.

NOTICE

Any party dissatisfied with this Decision may request review by the Occupational Safety and Health Review Board by filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after the mailing of the 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, the Decision becomes final. Done this day, August 27, 2024.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Robert Irani

Industrial Commission of Arizona

[email redacted]

Julie A. Pace

David A. Selden

Steven B. Coffin

PSGM Law

[email redacted]

By: OAH Staff