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UR-2024-VM508-0023-ADOSH · Arizona Division of Occupational Safety and Health · 2024-11-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

AMERICAN WOODMARK CORPORATION,

Respondent

No. UR-2024-VM508-0023-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On November 9, 2023, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of American Woodmark Corporation (“Respondent” or “American Woodmark”) located at 4475 East Mohave Airport Drive, Kingman, Arizona 86401, Inspection No. UR-2024-VM508-0023. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on April 26, 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 31, 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 is reclassified as Serious.

IT IS FURTHER ORDERED that Respondent within 30 days of the effective date of the settlement agreement:

Produce a heat illness prevention plan.

Produce a new policy and procedure to ensure truck drivers’ safety onsite that includes:

Providing written rules drivers need to follow onsite to the trucking companies that dispatch them which includes the “no phones/ear buds policy” and other safety rules;

Installing bright yellow permanent pedestrian barriers with signage that states “Caution. Watch For Truck Traffic” around the loading dock area.

Shall pay the Citation assessed penalties.

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 1st day of November 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 1st day of November 2024:

Transmitted by either mail, e-mail, or facsimile to:

Brian Hudson, Director

Arizona Division of Occupational Safety and Health

[email redacted]

Sophia Cox

Office of the Attorney General

[email redacted]

Dana L. Rust

[email redacted]

By: OAH Staff