IAR International Asbestos Removal, New York, N.Y.

The employer is contesting a two-item serious citation in three parts and a penalty of $12,934. The serious citation includes the alleged violations of rules for confined-space in construction: 29 C.F.R.1926.1203(a) for failure to ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.; 29 C.F.R.1926.1203(b)(1) for failure to inform exposed employees by posting danger signs or by any other equally effective means, of the existence ...