DECISION AND ORDER Empire Roofing Company Southeast, LLC, contests a one-item Citation and Notification of Penalty issued to it by the Secretary on June 5, 2013. The Secretary issued the Citation and Notification of Penalty following an inspection conducted by Occupational Safety and Health Administration (OSHA) Compliance Safety and Health Officer (CSHO) Michael Marquez on April 9, 2013, at a worksite in Fort Lauderdale, Florida. Item 1 of the Citation alleges a serious violation of 29 C.F.R. § 1926.453(b)(2)(v), for permitting employees to work from an aerial lift without adequate fall protection. The Secretary proposed a penalty of $4,900.00 for Item 1. Empire timely contested the Citation and Notification of Penalty.