Following a complaint, the Occupational Safety and Health Administration (OSHA) commenced an investigation of Arbour-HRI Hospitals Inc.’s (HRI) facility in Brookline, MA. At the end of the investigation, HRI received a Citation alleging it violated 29 U.S.C. § 654(a)(1), a provision commonly referred to as the general duty clause, for exposing employees to the hazard of being physically assaulted by patients. HRI timely contested the Citation and a hearing was held from November 28, 2017, through November 30, 2017. (Stip. 4.) For the reasons discussed, the Citation is vacated, and no penalty is assessed.