On January 21, 2020, Compliance Safety and Health Officer (CSHO) Pologa Setu was driving from an unrelated inspection when he observed someone working on an elevated platform over the entrance to the DFS Saipan Galleria mall in Garapan, Saipan (worksite). (Tr. 16; Ex. C-4). CSHO Setu parked his vehicle and proceeded towards the Galleria entrance, where he took photographs of the worksite. (Ex. C-3). Upon closer observation, CSHO Setu observed one of Respondent’s employees working from a ladder on the elevated platform, later identified as Ricky Taraya, who was not tethered to an anchor point, nor were guardrails or a safety net installed. (Tr. 68-71; Ex. C-3). In addition, CSHO Setu observed another of Respondent’s employees using a pressure washer to clean a sidewalk while wearing open-toed shoes. (Tr. 81-82; Ex. C-3). Based on CSHO Setu’s observations and subsequent recommendations, Complainant issued a Citation and Notification of Penalty, alleging two serious violations of the Act and a proposed penalty of $13,880. Respondent timely contested the Citation, which brought the matter before the Occupational Safety and Health Review Commission pursuant to Section 10(c) of the OSH Act. The Chief Administrative Law Judge designated this matter for Simplified Proceedings on April 3, 2020.