DECISION S. J. Louis Construction of Texas is a large underground utility contractor headquartered in Mansfield, Texas. On November 3, 2011, two SJL employees entered a manhole for an active sewer line in Fairview, Texas, and died from hydrogen sulfide (H2S) toxicity and asphyxia due to low oxygen concentration. Following this accident, the Occupational Safety and Health Administration conducted an inspection and issued SJL a serious citation alleging three violations of the general industry permit-required confined spaces standard, 29 C.F.R. § 1910.146, with a proposed penalty of $6,930 for each violation. Prior to the hearing before former Administrative Law Judge Ken S. Welsch, the Secretary moved to amend the citation to allege, in the alternative, a serious violation of section 5(a)(1), the general duty clause of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 654(a)(1), with a proposed penalty of $6,930.