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UR-2024-TM082-0013-ADOSH · Arizona Division of Occupational Safety and Health · 2024-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant,

v.

GRAYCOR CONSTRUCTION COMPANY INC.,

Respondent.

No. UR-2024-TM082-0013-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On November 30, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Graycor Construction Company Inc. (“Respondent” or “Graycor Construction”) located at 1655 W Elliot Rd, Gilbert, Arizona 85233, Inspection No. UR-2024-TM082-0013. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on April 29, 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 September 19, 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 deleted.

IT IS FURTHER ORDERED that Respondent:

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

Develop a working session with its superintendents and field operations to review Graycor Construction’s steel installation with protection of the column diamonds in order to develop safety best practices for this jobsite activity, within 60 days of the effective date of the Settlement Agreement.

From the working session, produce training materials and train its jobsite personnel on all Graycor Construction projects nationwide regarding the safety best practices for steel installation with protection of the column diamonds and provide the training materials and proof of training to ADOSH within 90 days of the effective date of this Settlement Agreement.

Agree to become a signatory member of the ADOSH Heat Illness and Prevention Alliance.

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 20th day of September 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 20th day of September 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

Bill Wood, Esq.

[email redacted]

Bob Cote, Safety Director

[email redacted]

Graycor Construction Company Inc.

4600 E. Washington Street #440

Phoenix, AZ 85034

Respondent

By: OAH Staff