This proceeding is before the Occupational Safety and Health Review Commission (Commission) under section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (the Act). Respondent, The PENTA Building Group, LLC (PENTA), is a general contractor in the construction industry. (J. Stip. ¶ A (5); Exs. C-20, R-28). In November of 2020, PENTA had contracted with the Agua Caliente Band of Cahuilla Indians (Tribe), a federally recognized Native American Tribe, to construct the Agua Caliente Casino (Casino) on a 10-acre plot of land on the Tribe’s reservation in Cathedral City, California. (J. Stip. ¶¶ A (1)-(4), (5); Tr. 448-49; Ex. R-30).