This matter is before the United States Occupational Safety and Health Review Commission (Commission) pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the Act). On October 6, 2020, while driving by a worksite, a Compliance Safety and Health Officer (CSHO) observed two workers inside a trench, which prompted an inspection of the worksite. As a result of that inspection, the Occupational Safety and Health Administration (OSHA) issued a Citation and Notification of Penalty (Citation) to Respondent Texas Underground Utilities, Inc. (Texas Underground). The Citation alleges one serious violation, one repeat-serious violation, and one other-than-serious violation, with total proposed penalties of $26,718.00. Texas Underground timely contested the Citation. The Chief Administrative Law Judge designated this matter for conventional proceedings, and a trial was held on June 27 and July 1, 2022, via Zoom videoconferencing. The following individuals testified: (1) CSHO Keith Thomkins; (2) Zach Draper, Construction Superintendent for the general contractor, Amtex Construction; (3) Julio Lugo, Owner of Texas Underground; and (4) Juan Diaz, Foreman for the project.