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abatement accident accident-related Administrative Law Judge affirmative defense ALJ decision ALJ found ALJ noted ALJ wrote ALJ's alleged Appeals Board benzene Board wrote Cal/OSHA App citation Code Regs compliance confined space construction contractor Decision After Reconsideration Digest f Division cited Division's inspector Docket DOSH Employer failed Employer was cited Employer's owner Employer's safety equipment evidence excavation exposed fall arrest fall protection feet financial hardship floor forklift guard guardrails hazard hearing hoisting device IIPP inches independent employee action injured employee inspection inspector testified installed issued Labor Code ladder load machine manager opening operation penalty affirmed penalty reduction petition for reconsideration platform procedures proposed penalty reasonable diligence reduced regulations result roof safety order safety program scaffold serious classification serious injury serious physical harm serious violation specific subsection substantial probability Summary of COSHAB-ALJ's supervisor surge protector tank testimony trench truck violative condition worker