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UR-2024-JW184-0065-ADOSH · Arizona Division of Occupational Safety and Health · 2024-10-14

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-JW184-0065-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On February 28, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Eleven Western Builders Inc. (“Respondent” or “Eleven Western Builders”) located at 1975 N 99th Ave, Phoenix, Arizona 85037, Inspection No. UR-2024- JW184-0065. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on June 28, 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 litigation and a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On October 11, 2024, 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 this 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 will be reclassified from “Serious” to “Non Serious,” and the corresponding penalty in the amount of $10,372.00 will be reduced to $5,000.00.

IT IS FURTHER ORDERED that Respondent:

Produce a heat illness prevention plan within 30 days of the effective date of this Settlement Agreement.

Provide proof of employee training on the heat illness prevention plan within 30 days of the effective date of this Settlement Agreement.

Verify onboarding training, including impalement hazard training for employees and trade partners, and provide proof of the training within 30 days of the effective date of this Settlement Agreement.

Undertake two safety consultation visits from ADOSH within 12 months of the effective date of this Settlement Agreement to assist in building a safety management system and provide documentation of the visits within 30 days of each visit to ADOSH.

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

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, 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 15th day of October 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 15th day of October 2024:

Brian Hudson

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Robert Irani, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Attorney for ADOSH

Dan Wallace, Director of Safety

Eleven Western Builders, Inc.

2862 Executive Place

Escondido, CA, 92029

[email redacted]

Respondent

By: OAH Staff