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 Magnum Contracting, Inc. (“Respondent”) worksite in Fargo, North Dakota on January 24, 2018. (Stip. No. 17). As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging one serious violation of the Act. Respondent timely contested the Citation. (Notice of Context “NOC”). The Court held pre-trial telephone conferences on April 25, 2018 and July 31, 2018. (Order, April 25, 2018); (Order, Aug. 1, 2018). Complainant requested summary judgment via a motion which contained Joint Stipulations of material and relevant facts. While Respondent agreed to the Joint Stipulations of material and relevant facts, it argued the Joint Stipulations and its responses entitled it to judgment in its favor. (Compl’t Motion for Summary Judgment); (Resp’t Response to Motion for Summary Judgment). The Court gave both parties the opportunity to reply to the opposing party’s arguments on this issue of summary judgment. (Order, Aug. 1, 2018).