On August 23, 2021, an excavator bucket detached from a John Deere 350G excavator and struck one of Respondent American Civil Constructors, LCC’s (ACC) employees, who was killed. The next day, the OSHA Assistant Area Director (AAD) for the Denver office and a Compliance Safety and Health Officer (CSHO) conducted an inspection of the jobsite located at 64th Avenue and Denali Street (64th and Denali project). On February 14, 2022, Complainant issued a Citation and Notification of Penalty, alleging that ACC had committed a serious violation of 29 U.S.C. § 654(a)(1), also referred to as the general duty clause, with a proposed penalty of $11,747. ACC timely filed a notice of contest, which brought the matter before the Occupational Safety and Health Review Commission pursuant to section 10(c) of the OSH Act.