This proceeding is before the Occupational Safety and Health Review Commission (“the Commission”) pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). The Occupational Safety and Health Administration (“OSHA”) conducted an inspection of a K & E Builders, LLC (“Respondent”) worksite at 120 111th, Lubbock, Texas on September 14, 2017. As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging one serious violation of the Act with a proposed penalty of $3,880.00. The Citation was issued on March 1, 2018. Respondent filed a Notice of Contest. This case was designated to proceed under simplified proceedings of the Commission. See 29 C.F.R. § 2200.203. Therefore, no Complaint or Answer was required.