Respondent A Crane Rental LLC (“ACrane”)1 is a crane rental company that provides cranes, lifting equipment and operators for general contractors and was one of several companies working on a communication tower in Norcross, Georgia, when another company’s employee fatally fell from ACrane’s personnel platform. The United States Department of Labor, through its Occupational Safety and Health Administration (“OSHA”), investigated the fatality and subsequently issued ACrane a two-item citation and notification of penalty (“citation”) under the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. §§ 651-678, alleging violations of OSHA’s Cranes and Derricks in Construction standard2 with proposed penalties totaling $15,343.00.3 A bench trial was held in Atlanta, Georgia.