The Commission remanded this case for consideration of whether the Secretary has proven that A Crane was a “creating employer.” A Crane Rental LLC, No. 19-1667, 2023 WL 192889, at *2 (OSHRC Jan. 10, 2023) (citation omitted). Further. If the court determines on remand that A Crane “was shown to be a creating employer,” the Commission directs the court “to reconsider, in light of the company’s creating employer status, the noncompliance and knowledge elements of the Secretary’s case with respect to both citation items.” (Id. at *3) (citation omitted). For the reasons indicated infra, the court concludes Amended1 Citation 1, Items 1 and 2 must be vacated.