Respondent Entergy New Orleans, LLC (“Entergy”) produces and distributes electric power to customers in Arkansas, Louisiana, Mississippi, and Texas. Entergy’s linemen often work in areas in which they are exposed to energized lines and conductors that can result in serious injuries or death if proper safety rules and procedures are not followed. C.S., an Entergy lineman, was electrocuted in June 2021 at a New Orleans worksite while he and two other crew members were changing out a utility pole’s cross-arm from suspended buckets. He later died because of his injuries. The United States Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), investigated the accident and subsequently issued a three-item serious Citation and Notice of Penalty of $13,653 (“citation”) to Entergy on December 10, 2021, for violations of the Occupational Safety and Health Act of 1970 (the “Act”). 29 U.S.C. §§ 651–678. Entergy timely contested the citation, and the Secretary filed her complaint with the Commission (the “Court”) seeking an order affirming the citation. In its answer, Entergy raised the affirmative defense of the unpreventable employee misconduct. (Answer at 2.) The Secretary subsequently withdrew Items 1 and 2 of the citation. (See Sec’y’s Stip. of W/D of Items 1 and 2 of Cit.) (Sept. 25, 2023). Based upon the record, the Court concludes it has jurisdiction over the parties and subject matter in this case under section 10(c) of the Act. 29 U.S.C. § 659(c). (Pretrial Order ¶4; Compl. ¶¶1, 2; Answer ¶¶1, 2; Stip. Facts ¶¶1, 2 (July 18, 2023)). Pursuant to section 12(j) of the Act and Commission Rule 90(a)(1), after hearing and carefully considering all the evidence and the arguments of counsel, the Court issues this Decision and Order, which constitutes its final disposition of the proceedings. 29 U.S.C. § 661(j); 29 C.F.R. § 2200.90(a)(1). For the reasons indicated infra, the Court AFFIRMS Item 3 and ASSESSES a penalty of $13,653.