Respondent was engaged in electrical work related to the construction of a hotel/convention center at the Wild Horse Pass Casino, on the Gila River Indian Reservation in Chandler, Arizona. (Tr. 41; Ex. C-2). On September 11, 2020, OSHA Compliance Safety and Health Officer (“CSHO”) Patricia Downs conducted an inspection of the worksite. (Tr. 40). During her inspection, she learned that one of Respondent’s foreman, Sabahodin Dudic, was purportedly too close to wet cement while it was being poured, without having an adequate eyewash station nearby. (Tr. 69-70; Ex. C-10). CSHO Downs subsequently recommended, and Complainant issued, one serious violation of the Act with a proposed penalty of $5,571.00. Citation and Notification of Penalty. Respondent timely submitted its notice of contest, bringing the matter before the Commission. A trial was conducted in Phoenix, Arizona on October 5, 2021. Three witnesses testified at trial: (1) CSHO Patricia Downs; (2) Zachery Barnett, OSHA Area Director for the Phoenix office; and (3) Sabahodin Dudic, Respondent’s foreman. Both parties timely submitted post-trial briefs for the Court’s consideration.