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UR-2025-VM508-0070-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.

TOLL BROTHERS AZ CONSTRUCTION COMPANY,

Respondent

No. UR-2025-VM508-0070-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On July 16, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona, (“ADOSH” or “Division”) inspected the worksite of Toll Brothers AZ Construction Company, (“Respondent” or “Toll Brothers”) located at 14048 E Harmony Lane, Fountain Hills, AZ 85268. Inspection No. RF-2025-VM508-0070. This inspection resulted in the Division issuing two “Serious” citations to the Respondent on December 18, 2025.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citations, 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 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 July 27, 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 attached to, 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 No. 1, Item No. 1 and Citation No. 1, Item No. 2 will be dismissed in their entirety.

In exchange for the dismissal set forth above, Respondent agrees to the following:

Conduct a seminar with all Arizona field management employees regarding the OSHA multi-employer citation policy, its application on residential jobsites, its ramifications and relationship between trade partners and Respondent regarding possible OSHA citation liability.

Conduct a one hour fall protection awareness seminar involving residential fall protection issues, hazards and possible OSHA citations for Arizona field management employees. (ADOSH has offered to conduct this class, free of charge, at a mutually agreed upon location for Respondent)

Conduct a thirty (30) hour OSHA course for all Arizona field management employees.

Schedule, within thirty (30) days of this signed Findings and Order Approving Settlement, an in-office comprehensive SHARP Evaluation.

Items (a) and (b) above will be completed within ninety (90) days of the signing of this Findings and Order Approving Settlement.

Items (c) and (d) will be completed within six (6) months of the signing of this Findings and Order Approving Settlement.

IT IS FURTHER ORDERED that the legal effect act of A.A.C. R20-5-817 is waived.

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, by filing a written request with the Law Judge Division of the Industrial Commission within fifteen (15) days 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

Done this 11th day of August of 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’ representatives named below via email on the 11th day of August 2026.

Bryce Rucker, Interim ADOSH Director

[email redacted]

Arizona Division of Occupational Safety and Health

Erin Goeman

[email redacted]

[email redacted]

Counsel for ADOSH

Charles P. Keller

[email redacted]

Counsel for Respondent

By: OAH Staff