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abatement accident Administrative Law Judge affirmative defense ALJ found alleged Appeals Board assessed California cave-in citation civil penalty construction contractor COSHAB-ALJ's decision dated Decision After Reconsideration Division cited Division's inspector Docket DOSH drywall Employer argues Employer failed Employer was cited Employer's appeal Employer's safety enforcement equipment established evidence excavation exposed facility failure fall protection federal feet field sanitation filed foreman forklift FRSA guard hazard hearing IIPP independent employee action injured employee inspection installed issue joint venture July 13 June 25 jurisdiction Labor Code section lanyard load machine Occupational Safety OSHA OSHAB penalty affirmed petition for reconsideration place of employment presented procedures reasonable diligence rebar record regulations safety and health safety engineer safety order safety program scaffold serious injury serious physical harm serious violation stairs standard substantial probability Summary of COSHAB-ALJ's supervisor testified testimony trench tunnel violation of section violative condition workers