The Commission remanded this case “to evaluate whether there are any issues of material fact regarding Fama’s liability as a controlling employer under the correct legal framework” and “based only on the facts and record evidence in this case.” Fama Construction, LLC, No. 19-1467, 2023 WL 2837610, **3-4 (OSHRC Mar. 29, 2023). If the court “on remand determines that the violations should be affirmed after analyzing the record in this case under the correct legal framework,” the court “must then consider Fama’s alleged economic infeasibility defense under the correct legal standard and determine whether the Secretary has met his burden of establishing that there are truly no disputed issues of material fact regarding the defense.” Id. at *5. For the reasons indicated infra, the court concludes the Secretary has shown there are no genuine issues of material fact in dispute regarding Fama’s liability as a controlling employer and has met his burden of establishing that there are truly no disputed issues of material fact regarding the defense. Therefore, the Secretary’s motion for summary judgment is GRANTED.