The employer is contesting a three-item serious citation and a penalty of $9,894. The serious citation includes the alleged violations of 29 C.F.R. 1926.1203(d) for failure to have a written permit space program that complies with 29 C.F.R. 1926.1204 implemented at the construction site, available prior to and during entry operations for inspection by employees and their authorized representatives; 29 C.F.R. 1926.1203(e)(2)(ii) for failure to ensure that when entrance covers are removed, the opening must be immediately guarded by a railing, temporary cover, or other temporary barrier that will prevent an accidental fall through the opening and that will protect ...
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