Vacate

UR-2025-TN246-0020-ADOSH · Arizona Division of Occupational Safety and Health · 2026-05-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

v.

AMERITEMPS AZ, LLC.,

Respondent

No. UR-2025-TN246-0020-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 28, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of AMERITEMPS AZ, L.L.C., (“Respondent”) located at 5445 West Roosevelt Street, Suite 100, Phoenix, AZ 85043, Inspection No. UR-2025-TN246-0020. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on July 9, 2025.

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 March 19, 2026, 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 in its entirety.

In exchange, Respondent agrees to:

Complete ADOSH’s Office Safety training class.

Complete ADOSH’s OSHA Record keeping training class.

Submit all documentation and correspondence required under this section via email to [email redacted].

The parties acknowledge that any modification to a citation classification or penalty level, or any deletion of a citation with the associated penalty in this agreement are contingent upon the Respondent’s compliance with section 2(a)-(c) of this agreement. Failure by the Respondent’s to substantially comply with the terms of this agreement constitutes a breach of the agreement. Any breach shall mean that all originally issued citations and penalties are reinstated and affirmed as a final order of the Commission and all unpaid amounts shall become due and payable 15 calendar days following the breach.

The parties agree that this is a settlement of a dispute matter, that the citation, this Settlement Agreement and/or the Administrative Law Judge’s Final order, individually and/or collectively, is not an admission by Respondent nor any of its employees that it or they violated, knowingly or otherwise, the requirements of any standard or regulation.

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 12th day of May 2026.

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 the 12th day of May 2026.

Brian Hudson, Director

[email redacted]

ADOSH

Christina Lopez, Esq.

[email redacted]

[email redacted]

Attorney for ADOSH

Sarah Fisher, Esq.

[email redacted]

Respondent

By: OAH STAFF