MINUTES OF MEETING
OF THE INDUSTRIAL COMMISSION OF ARIZONA
Held at 800 West Washington Street
Conference Room 308
Phoenix, Arizona 85007
Thursday, Febrnary 11, 2016-1:00 p.m.
Present:

Dale L. Schultz
Joseph M. Hennelly, Jr.
Scott P. LeMarr
Robin S. Orchard

Chairman
Vice Chair
Commissioner
Commissioner

James Ashley
Andrew Wade
Melinda Poppe
Bob Charles
Renee Pastor
William Warren
Lany Gast
Billie Gingrass
Valli Goss
Rebecca Schaar
Yvonne Borunda
Kara Dimas

Director
ChiefLegal Counsel
Deputy Director
Legislative Affairs ChiefI Public Infonnation Officer
Accounting
ADOSH Director
Assistant ADOSH Director
Compliance Officer
Legal
Legal
Legal
Commission Secretary

Chairman Schultz convened the Commission meeting at 1 :00 p.m. noting a quorum present.
Also in attendance were Lydia Terrazas, Commission Intern, and Jason Weber ofSnell & Wilmer.
Approval of Minutes of February 4. 2016 Regular Meeting.
The Commission unanimously approved the Regular Minutes ofthe February 4, 2016 meeting
on motion ofCommissioner LeMan, second ofVice Chair Hennelly.
Consent Agenda:
All items following under this agenda item are consent matters and will be considered by a
single motion with no discussion unless a Commissioner asks to remove an item on the consent agenda
to be discussed and voted on separately. The Commission may move into Executive Session under
A.R.S. § 38-431.03(A)(2) to discuss records exempt by law from public inspection. Legal action
involving a final vote or decision shall not be taken in Executive Session. If such action is required,
then it will be taken in General Session.
a.

Approval of Proposed Civil Penalties Against Uninsured Employers.
1.

b.

2Cl4/15-2372 Tellez Restaurant Investments #6 L.L.C., dba Mariscos Vuelve
A La Vida

Approval ofReguests for Renewal of Self-Insurance Authority.
1.

City of Glendale

2.
3.
4.

City of Mesa
City of Scottsdale
City of Tempe

Chaitman Schultz asked if any agenda items needed to be removed from the Consent Agenda,
hearing none, the Commission unanimously approved the items on the Consent Agenda on motion of
Vice Chair Hennelly, second of Commissioner LeMarr.
Discussion and/or Action regarding Legislation. This agenda item may include discussion and/or
action regarding the Sunset Review of the Industrial Commission of Arizona, and related Boards,
Committees or Councils.
Bob Charles provided an update regarding SB1500. He noted the Bill contains a provision to
continue the Commission and the vote on the Bill in the Senate Commerce and Workforce
Development Committee this week was 8 to O with 1 not voting due to a conflict of interest. He read
the list of supporters that signed in to show support for the Bill. He commented on the process to
address boiler safety standards, a certification process for inspections, and enforcement. Chairman
Schultz commented on the showing of support, noting the difference between affirmative support for
a bill and not opposing a bill.
Mr. Charles commented on a potential amendment to SB1500.
Commissioner LeMarr asked if there was any conversation with stakeholders about the
provision that would require the Commission contract with the Office of Administrative Hearing
(OAH) for the hearing process in ADOSH matters. Mr. Ashley and Mr. Charles responded to the
question and commented on numerous scheduled meetings with stakeholders.
Mr. Charles summarized the anticipated process for SB1500 at the Legislature and commented
on SB 1420.
Presentation from and/or discussion with the Industrial Commission's Public Info1mation Officer. This
agenda item may include discussion regarding the operations of the Industrial Commission.
Mr. Charles commented on the website improvement project, a media request related to
SB1500, and some media requests for records related to ongoing inspections. Commissioner LeMarr
asked about the public records requests and Mr. Charles responded to the question.
Discussion and Action of Arizona Division of Occupational Safety and Health Proposed Citations and
Penalties.
Taylors Demolition and Recycling Corporation, Inc.
5901 E. Pima St
Tucson AZ 85712
Site Location:
314 E. Grant Road
Tucson, AZ 85705
Inspection No:
1090980
08/21/2015
Inspection Date:

2

Fatality/Accident
Years in Business:
Empl. Covered by inspection:

25
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SERIOUS - Citation 1 - Item 1 - a) Jobsite, 314 E. Grant Road, Tucson: Employees were not trained
in the recognition and avoidance of unsafe conditions and the regulations applicable to demolition
hazards resulting in the death of one employee and the serious injury of another employee. (29 CFR
1926.21(b)(2)).
Formula Amt. - $7,000.00
Div. Proposal - $7,000.00
SERIOUS - Citation 1 - Item 2 - a) Jobsite, 314 E. Grant Road, Tucson: Three employees were
working in an area where demolition was taking place where the center wall of the building had
weakened and collapsed resulting in the death of one employee and the serious injury of another
employee. (29 CFR 1926.859(a)).
Formula Amt. - $7,000.00
Div. Proposal - $7,000.00
SERIOUS - Citation 1 - Item 3 - a) Jobsite, 314 E. Grant Road, Tucson: On-going inspections of the
demolition project for hazards such as weakened walls or loosened materials were not conducted by a
competent person resulting in the death of one employee and the serious injury of another employee.
(29 CFR 1926.859(g)).
Formula Amt. - $7,000.00
Div. Proposal - $7,000.00
TOTAL FORMULA AMT. - $21,000.00
TOTAL PENALTY - $21,000.00
Mr. Gast summarized ADOSH's investigation into a workplace fatality and explained his
recommendation for citations. Commissioner LeMan- noted that there was no adjustment for size and
Mr. Gast explained why there are no reductions when a violation causes or contributes to a death. Vice
Chair Hennelly asked for additional details regarding the operator of the equipment and ownership of
the corporation. He noted the scope of the employer's primary business and that the volatile conditions
are within that scope. Chairman Schultz commented on the number of years the employer has been in
business. Mr. Gast explained how the employer could have used a spotter. Commissioner LeMarr ask
if the equipment operator knew that the back end ofbackhoe had hit the wall and Mr. Gast responded
to the question. Commissioner Orchard asked about the prior history repo1t and Mr. Gast responded to
the question.
Vice Chair Hennelly moved to approve the citations and penalty as recommended and
Commissioner Orchard seconded the motion. The Commission unanimously approved issuing the
citation and assessed the penalty of$21,000.00.
Con-ections Corporation of America
1100 N. Bowling Rd
Florence AZ 85232
1100 N. Bowling Road
Site Location:
Florence, AZ 85232
1095384
Inspection No:
09/28/2015
Inspection Date:

Complaint
Years in Business:
Empl. Covered by inspection:

17
2

SERIOUS- Citation 1 - Item 1 - Control Bubble: Employees who remain to operate the pod's control
panel for evacuation of the imnates do not have adequate procedures to evacuate in the event of
emergency. (29 CFR 1910.38(c)(3)).
Formula Amt. - $4,500.00
Div. Proposal - $4,500.00
TOTAL FORMULA AMT. - $4,500.00
TOTAL PENALTY - $4,500.00

3

Mr. Gast summarized the citation and proposed penalty as listed and reviewed the photographs.
Commissioner LeMarr clarified the Citation was for not having an adequate evacuation plan rather than
actions related to a fire. Mr. Gast responded to the question.
Commissioner Orchard commented on the property owner's role with respect to an evacuation
plan and Mr. Gast responded to the comment. Vice Chair Hennelly asked for clarification regarding
the mention of a previous incident and Mr. Gast responded. Commissioner LeMarr and Mr. Gast
discussed additional details regarding the citation.
Chairman Schultz commented on the use of keys in a correctional facility and the benefits of a
separate ventilation system. Commissioner LeMal1' noted that additional details would be helpful and
Mr. Gast responded.
Vice Chair Hennelly commented on the circumstances and asked for additional details
regarding what happened during the incident versus what was discovered during the inspection. Mr.
Gast responded.
Commissioner Orchard moved to issue the citation with a $3,500.00 penalty. She explained
why she moved a penalty of$3,500.00. Vice Chair Hennelly seconded the motion. Chairman Schultz,
Vice Chair Hennelly, and Commissioner Orchard voted in favor of the motion. Commissioner LeMal1'
voted against the motion.
Silent-Aire USA, Inc.
1145 W Gary Ave
Gilbe1i AZ 85233
Site Location:
Inspection No:
Inspection Date:

Complaint
Years in Business:
Empl. Covered by inspection:

1145 W Gary Ave
Gilbert, AZ 85233
A4031-1100409
10/15/2015

3
75

SERIOUS - Citation 1 - Item 1 - a) Spray booth area: A clear space of not less than 3 feet on all sides
of the spray booth area was not kept free from 5 gallon paint buckets and ladders stored behind the
spray booth. (29 CFR 1910.107(b)(9)).
Formula Amt. - $1,400.00
Div. Proposal- $1,400.00
SERIOUS - Citation 1 - Item 2 - Spray booth area: An employee was using the top or top step of an 8'
fiberglass step ladder, model and serial number unknown, as a step during access to paint the heating,
ventilation, air conditioning (HVAC) unit. (29 CFR 1926.1053(b)(13)).
Formula Amt. - $1,400.00
Div. Proposal - $1,400.00
TOTAL FORMULA AMT. - $2,800.00
TOTAL PENALTY - $2,800.00
Mr. Gast summarized the citation and proposed penalty as listed. Commissioner Orchard
commented on quick abatement and the presence of a designated safety officer. She refe!1'ed to Citation
1, Item 2 and the presence of warnings on stepladders about standing on the top step. Vice Chair
Hennelly added that the employee at issue acknowledged that he knew he was not supposed to stand
or step on top of the ladder and did it anyway. He commented on training and the employer's eff01is
to comply with safety standards.

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