Vacate

RF- 2025-VM508-0066-ADOSH · Arizona Division of Occupational Safety and Health · 2026-04-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Complainant

v.

KINKAID CIVIL CONSTRUCTION LLC,

Respondent

No. RF- 2025-VM508-0066-ADOSH

FINDINGS AND ORDER APPROVING SETTLEMENT AGREEMENT

On June 12, 2025, the Division of Occupational Safety and Health of the Industrial commission of Arizona, (“ADOSH” or “Division”) inspected the worksite of Kinkaid Civil Construction, LLC (“Respondent” or “Kinkaid”) located at 18500 N 64th Street, Phoenix AZ 85054. Inspection No. RF-2025-VM508-0066. This inspection resulted in the Complainant issuing two “Serious” citations and one “Non-Serious” citation to the Respondent on October 16, 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 April 20, 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 will be reclassified from “Serious” to “De minimis” with zero penalty amount.

Citation No.1, Item No. 2, and Citations No. 2, Item No. 1 will be vacated in their entirety.

In exchange for the terms set forth above, Respondent agrees to the following within sixty (60) days of the execution of the Findings and Order confirming settlement:

Require all Arizona field non-management employees to attend an excavation awareness type course.

Require all Arizona field management employees to attend an excavation competent course. (ADOSH has agreed if Respondent desires to provide the trainer for both excavation courses.)

Participate in ADOSH Trenching Alliance for a period of one year.

Deliver a presentation to a monthly ADOSH Trenching Alliance meeting regarding working safely around heavy equipment and discuss the nature of the pitch point of this accident.

Contact ADOSH consultation to schedule one on-site visit at a location of the Respondent’s choosing.

Memorialize in Respondent’s Safety Policies that the safety director will sign the 300A after consultation with an owner or an officer of Respondent.

IT IS FURTHERED 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, 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 29th day of April 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 29th day of April 2026.

Brian Hudson, Director

[email redacted]

Arizona Division of Occupational Safety and Health

Robert Irani

[email redacted]

[email redacted]

Counsel for ADOSH

Charles P. Keller

[email redacted]

Counsel for Respondent

By: OAH Staff