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" ... The Occupational Safety and Health Review Commission tends to disfavor duplicative citations, which has been fortunate for employers seeking to establish a duplicative citation defense. The Secretary of Labor, however, is attempting to restrict the availability of the defense. Under the Commission’s longstanding precedent, “[v]iolations may be found to be duplicative where the standards cited require the same abatement measures, or where abatement of one citation item will necessarily result in abatement of the other item as well.” Big Sky Well Serv., 22 OSHC (BNA) 1642 (No. 07-1290, 2009). OSHA cited the employer for multiple alleged violations of OSHA’s general industry welding standard. One citation item alleged a violation of 29 C.F.R. § 1910.251(a)(2)(vi)(C), which prohibits cutting or welding “in the presence of . . . explosive atmospheres that may develop inside uncleaned . . . tanks . . . which have previously contained [mixtures of flammable gases, vapors, liquids, or dusts with air],” where “[a] grinder was used to cut the side of a tank which had just been pumped out. The tank contained crude oil, natural gas and brine.” ... "