This proceeding is before the Occupational Safety and Health Review Commission (the “Commission”) under section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the “Act”). Respondent, Keenan, Hopkins, Suder and Stowell Contractors, Inc. (“KHS&S”), is a carpentry and drywall contractor. (Tr. 220, 307, 406). KHS&S was performing work on a construction site for an outlet mall called the Denver Premium Outlets (“DPO”), located at 13801 Grant Street, Thornton, Colorado, 80023. (Tr. 399). On the afternoon of March 3, 2018, two employees of KHS&S, [Redacted] and Eusebio Ruiz, were directed to remove existing pieces of plywood from the deck and replace them with larger pieces. (Tr. 112-114). At about 2:00 p.m. on March 3, 2018, [Redacted] and Mr. Ruiz removed the screws from the smaller piece of plywood, which was covering a hole in the decking, to replace it with larger pieces of plywood, (Tr. 48, 112-113, 123-24, 630; Ex. R-13). In the process of removing the smaller piece of plywood, [Redacted] fell through the exposed hole in the decking to the concrete floor below. After this accident the Occupational Safety and Health Administration (“OSHA”) Denver, Colorado Area Office received a report of the accident.