OSHA settles with Kamphuis Pipeline Company over trenching hazards

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and Kamphuis Pipeline Company, based in Grand Rapids, Michigan, have reached a settlement agreement that the excavating company will cease business operations and pay penalties of $509,071 for willful and serious violations of OSHA’s trenching and excavation standards.

The agreement, approved by Judge Patrick B. Augustine of the Occupational Safety and Health Review Commission in Denver, Colorado, resolves three OSHA inspections conducted at Kamphuis Pipeline Company worksites in September and October 2017. Investigators found that the company repeatedly exposed employees to trench cave-in hazards while workers installed water metering pits and lines. The company also failed to follow other requirements for working safely in trenches and excavations.

The settlement agreement requires Kamphuis Pipeline Company to pay the penalties, voluntarily terminate all operations and dissolve the company’s corporate status in South Dakota. Company owner and founder Daniel J. Kamphuis agreed to surrender his North Dakota contractor license. Both he and the company also agreed not to have any ownership or managerial interest in any construction business conducting trenching and excavation activities within the U.S. in the future. They may engage in such activities in other capacities but must notify OSHA and take appropriate training if they intend to resume such work.

"Workers in trenches must be protected to prevent deadly consequences," says Loren Sweatt, the principal deputy assistant secretary for OSHA. "This agreement demonstrates employers must take their responsibilities under the law seriously to protect workers."

"This agreement sends a message that companies that want to do business in the trenching and excavation industry must operate safely and protect employees on the jobsite," says Acting OSHA Regional Administrator Rita Lucero of Denver.

OSHA offers compliance assistance resources on safe practices for trenching and excavation on its website.