On February 23, 2017, in Champlain, New York, Occupational Safety and Health Administration (OSHA) Compliance Officer (CO) Andrew M. Reed and CO Daniel Corvalan noticed Casale Construction Services, Inc., d/b/a Casale’s (Casale or Respondent) open trench as they drove by it while on their way down Elm Street headed to another pre-assigned worksite “just down the street from the Casale Worksite.” (Tr. 25-26). The trench was unsupported, and CO Corvalan noticed a worker, James W. Bowen, inside it. (Tr. 71-72; J. Ex. II; Ex. 8 at 2). Consistent with OSHA’s national emphasis program on trenching, OSHA performed an on-the-spot inspection of the trench. As a result of the investigation, OSHA issued Respondent on March 31, 2017, a citation alleging a repeat violation of 29 C.F.R. § 1926.651(j)(2) with a proposed $10,140 penalty, and a repeat violation of 29 C.F.R. § 1926.652(a)(1) with a proposed $12,676 penalty. Respondent filed a timely Notice of Contest (NOC), bringing this matter before the Occupational Safety and Health Review Commission (Commission) pursuant to sections 2-33 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (OSH Act).