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UR-2024-JW184-0066-ADOSH · Arizona Division of Occupational Safety and Health · 2024-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

LITTLE ENTERPRISES, INC. DBA STONE COLD MASONRY,

Respondent.

No.: UR-2024-JW184-0066-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On February 28, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“Complainant” or “Division”) conducted an inspection of Respondent Little Enterprises, Inc. dba Stone Cold Masonry’s (“Respondent”) worksite located at 1975 N. 99th Avenue, Phoenix, Arizona 85037, Inspection No. UR-2024-JW184-0066 resulting in the issuance of a Citation and Notification of Penalty to Respondent on July 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 December 16, 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, 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

The parties covenanted and agreed that in exchange for the deletion of the citations listed below, Respondent has developed and implemented enhanced abatement measures regarding the recognition of possible impalement hazards on jobsites. Complainant has reviewed and approved such enhanced abatement measures. Based on the foregoing:

IT IS HEREBY ORDERED that Citation No. 1, Item No. 1 shall be deleted in its entirety.

IT IS FURTHER ORDERED that Citation No. 1, Item No. 2 shall be deleted in its entirety.

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 16th DAY OF DECEMBER, 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 December 16, 2024:

Brian A. Hudson, Director

Industrial Commission of Arizona

Division of Occupational Safety and Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

Robert Irani, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

Charles P. Keller, Esq.

Snell & Wilmer L.L.P.

One East Washington Street Suite 2700 Phoenix, Arizona 85004-2556 [email redacted]

By:___________________________