This case is before the Occupational Safety and Health Review Commission (“Commission”) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (“the Act”), and concerns enforcement by the Occupational Safety and Health Administration (“OSHA”) into the hazards associated with exposure to the SARS-CoV-2 (“Covid-19”) virus. This disease is spread through the inhalation of droplets containing the Covid-19 virus. On November 2, 2020, OSHA opened an investigation after Respondent reported the hospitalization of an employee due to Covid-19 infection. As a result of the inspection, on April 12, 2021, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent, alleging one serious violation of the Act, with a total proposed penalty of $13,653.00. OSHA’s inspection took place six months into the Covid-19 pandemic. Tr. 86-87.