Vacate

UR-2024-AM866-0035-ADOSH · Arizona Division of Occupational Safety and Health · 2025-11-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

ELEVEN WESTERN BUILDERS, INC.,

Respondent.

No. UR-2024-AM866-0035-ADOSH

ORDER VACATING

HEARING

On August 6, 2024 the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of an Eleven Western Builders Inc. (“Respondent”) worksite, located at 15581 W. McDowell Road, Goodyear, AZ 85395 and designated as Inspection No. UR-2024-AM866-0035. The inspection resulted in Division issuing a Citation and Notification of Penalty to Respondent on January 23, 2025.

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 October 30, 2025, 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 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 be deleted in its entirety, which includes deletion of the assessed penalty of $6,452.00.

IT IS FURTHER ORDERED that:

In exchange, within 30 days after approval of this Settlement Agreement (Agreement), Respondent shall:

In consultation with subcontractors of the Respondent, complete and submit to the Division, a report that contains a hazard analysis regarding electrical equipment grounding at job sites of the Respondent;

Write an article for the ADOSH Advocate, the quarterly newsletter of the Division, about the injury related to this inspection and measures taken by Respondent, such as the newly-established policy [submitted as abatement with this Agreement] that each of the Respondent’s subcontractors is responsible for furnishing a grounded power source for contracted activities at Respondent’s job sites;

Voluntarily participate in the Significant Injury Reduction Alliance for a period of two years starting on January 1, 2026; and

Submit all documentation and correspondence required under this section via email to [email redacted] and [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 23-423(A) and (B). If no such request is made within the time provided, this Decision becomes final.

Done this day, November 4, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

[email redacted]

Scott J. Cooley

Industrial Commission of Arizona

[email redacted]

[email redacted]

ELEVEN WESTERN BUILDERS, INC.,

Dan Wallace, Director of Safety

[email redacted]

By: OAH Staff