On May 31, 2012, the Secretary of Labor (Secretary) issued a two-item serious Citation and Notification of Penalty (Citation) to Action Electric Co., Inc. (Action Electric) located in Smyrna, Georgia. The Citation was issued following an inspection of Gerdau Ameristeel’s (Gerdau) facility in Cartersville, Georgia, conducted by the Occupational Safety and Health Administration (OSHA) by Compliance Safety and Health Officer (CSHO) Francine Cruz on December 9, 2011 (Tr. 185). The Citation alleged a serious violation of 29 C.F.R. § 1910.147(c)(7)(i) (Item 1) for failing to train its employees on the purpose and function of an energy control program. Item 1 was withdrawn by the Secretary as confirmed during the hearing held on December 18 and 19, 2012, before Administrative Law Judge Ken S. Welsch, now retired from the Commission (Tr. 3).