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UR-2024-T3633-0163-ADOSH · Arizona Division of Occupational Safety and Health · 2025-04-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

TSMC ARIZONA CORPORATION,

Respondent.

No. UR-2024-T3633-0163-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On May 16, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or the “Division”) conducted an inspection of Respondent TSMC Arizona Corporation’s (“Respondent” or “TSMC”) worksite located at 5088 West Innovation Circle, Phoenix, Arizona 85083. As a result of Inspection No. UR-2024-T3633-0163, ADOSH issued a Citation and Notification of Penalty to the Respondent on November 7, 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:

1. On April 22, 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 attached to, incorporated by this reference, adopted, and made a part of this order.

2. 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:

1. Citation 1 Item 1 and all subparts, allegations and abatement requirements and penalties thereunder are deleted.

IT IS FURTHER ORDERED that:

1. Respondent shall substantially comply with paragraphs 2(a), (b) and (c) of the Settlement Agreement.

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

Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 24th 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’ representatives named below via email on the 24th day of April 2025.

Brian Hudson, Director

[email redacted]

Arizona Division of Occupational Safety & Health

Christina Lopez

[email redacted]

Legal Division

Industrial Commission of Arizona

Attorney for ADOSH

Paul Li

[email redacted]

Inside Counsel for TSMC Arizona Corporation

Scott Cowan

[email redacted]

Outside Counsel for TSMC Arizona Corporation

By: OAH Staff