The Respondent, Tom Kubricky Co., Inc. (TKC), repaired a broken sewer force main in the Town of Niskayuna, New York, on September 22, 2018. To make the repair, TKC dug an excavation that was about 178 feet long, 48 feet wide, and more than 20 feet deep. The deepest part of the excavation was a trench whose depth varied between 10 to 12 feet, whose width varied between 4 and 10 feet, and whose floor was less than 50 feet long. On September 25, 2018, the Occupational Safety and Health Administration (OSHA) opened an inspection into the repair work. The inspection resulted in OSHA issuing a serious citation (Citation) to TKC on January 24, 2019 that alleged three violations (designated Items 1, 2 & 3) of OSHA’s Excavations standard, 29 C.F.R. §§ 1926.650, et. seq., with a total proposed penalty of $10,798.