The Occupational Safety and Health Administration issued a willful citation to Angel Brothers Enterprises, Ltd. alleging a failure to protect an employee in an excavation from cave-ins as required by 29 C.F.R. § 1926.652(a)(1) with a proposed penalty of $70,000. Following a hearing, Judge Heather A. Joys affirmed the citation as willful, rejected Angel’s unpreventable employee misconduct defense (UEM), and assessed a $35,000 penalty. For the reasons discussed below, we affirm.