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RF-2024-RS480-0130-ADOSH · Arizona Division of Occupational Safety and Health · 2026-05-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

GRANITE CONSTRUCTION COMPANY,

Respondent

No. RF-2024-RS480-0130-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On June 6, 2024, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Granite Construction Company, (“Respondent” or “Granite Construction Company”) located at West Linda Vista Blvd and Thornydale, Tucson, Arizona 85742, Inspection No. RF-2024-RS480-0130. This inspection resulted in the Complainant issuing a Citation and Notification of Penalty to the Respondent on December 5, 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 May 15, 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.

Citation 1 Item 2 is deleted.

IT IS FURTHER ORDERED that Respondent:

Join the ADOSH Trenching Alliance within 30 days of the effective date of the Settlement Agreement and schedule a time within 6-months of the effective date of the agreement to present to the Trenching Alliance on lessons learned and takeaways from the May 21, 2024 incident.

Amend its policy/procedures to ensure Take 5/Daily Huddle Meeting discussions are documented and include discussion of the findings from required trenching inspections, any identified hazards, who the competent person is on the jobsite for the inspections, employees present at the huddle, and a reminder to employees of their stop work authority, and provide ADOSH proof of the updated policy/procedure within 30 days of the effective date of the Settlement Agreement.

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

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 21st 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 21st day of May 2026:

Brian Hudson, Director

Division of Occupational Safety & Health

800 W. Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH

Sophia Cox, Esq.

Legal Division

Industrial Commission of Arizona

800 W. Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Lauren Dierschke, Esq.

9303 New Trails Drive, Suite 200

The Woodlands, TX 77381

[email redacted]

Attorney for Respondent

By: OAH Staff