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UR-2024-EG419-0065-ADOSH · Arizona Division of Occupational Safety and Health · 2025-04-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

AVANTI WINDOWS & DOORS, LLC,

Respondent

No. UR-2024-EG419-0065-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 22, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Avanti Windows & Doors, LLC (“Respondent”)’s worksite located at Citrus Rd. and Olive Ave., Waddell, Arizona 85355, Inspection No. UR-2024-EG419-0065 resulting in the issuance of a Citation and Notification of Penalty to Respondent on September 25, 2024.

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 April 7, 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, 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 reclassified from “Serious” to “Non Serious,” and the corresponding penalty will remain $11,524.00.

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 reclassified from “Serious” to Non Serious,” the referred OSHA standard will be amended from 1926.503(a)(1) to state a violation of 1926.503(b)(1), and the corresponding penalty shall be reduced from $11,524.00 to $5,762.00.

IT IS FURTHER ORDERED that Respondent shall:

(a) Schedule two (2) ADOSH Consultation visits, and allow ADOSH compliance trainees to shadow the consultations with the entire process being part of consultation activities, to be completed within twelve (12) months of the date of the signed Findings & Order; and

(b) Draft and implement a written Heat Illness and Prevention Plan (“HIPP”) and produce the written HIPP to ADOSH within forty five (45) days of the signed Findings & Order.

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 $17,286.00 to Complainant and said payment must be received by Complainant within fourteen (14) days from the date this Findings & Order 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 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 14th DAY OF APRIL, 2025.

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 April 14, 2025:

Brian A. Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street, Suite 203

Phoenix, AZ 85007

[email redacted]

Robert Irani, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Charles P. Keller, Esq.

Snell & Wilmer L.L.P.

One East Washington Street Suite 2700 Phoenix, Arizona 85004-2556

[email redacted]

By:___________________________