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UR-2025-TN246-0044-ADOSH · Arizona Division of Occupational Safety and Health · 2026-08-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

CORE CONSTRUCTION INC.

Respondent

No. UR-2025-TN246-0044-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On June 28, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Core Construction Inc., (“Respondent”) located at Northeast corner of West Lower Buckeye & South 183rd Ave., Goodyear, Arizona 85338, Inspection No. UR-2025-TN246-0044. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on December 19, 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 June 30, 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 is deleted.

IT IS FURTHER ORDERED that Respondent:

Complete one comprehensive ADOSH Consultation Visit. The Respondent shall contact ADOSH to schedule the Consultation Visit within 30 days of the effective date of the Settlement Agreement. The Consultation Visit must be completed within 6 months of the effective date of the Settlement Agreement and can be conducted at a job site of the Respondent’s choosing. Any issues found during the Consultation Visit shall be abated within 30 days after completion of the Consultation Visit. Respondent consents and authorizes ADOSH Consultation Services to disclose the scheduled date of the Consultation Visit to the Director of ADOSH.

Join the ADOSH Trenching Alliance within 30 days of the Settlement Agreement.

All of Core Construction’s Superintendents shall complete ADOSH’s Trenching and Excavation Training. The Respondent shall contact ADOSH within 30 days of the Settlement Agreement to schedule the training. The training for all Superintendents shall be completed within 6 months of the effective date of the Settlement Agreement.

Submit all documentation and correspondence required under the settlement agreement via email to [email redacted].

Shall submit the Abatement Certification and supporting abatement documentation to [email redacted] within 30 days of this Findings & Order Approving 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

The Honorable Tammy L. Eigenheer

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 11th day of August 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 11th day of August 2026:

Bryce Rucker, Interim Director

Arizona Division of Occupational Safety and Health

[email redacted]

ADOSH

Erin Goeman, Esq.

Industrial Commission of Arizona

[email redacted]

[email redacted]

Attorney for ADOSH

Kyle Lulewicz, CSP, CHST

Core Construction, Inc.

[email redacted]

Respondent

By: OAH Staff