This case arose from an accident that resulted in severe electrical shocks and burns to an employee of Armstrong Utilities, Inc., d/b/a Armstrong Cable Services (“Armstrong”) when it was installing a new fiber optic cable on utility poles in Belleville, Ohio. Armstrong was subsequently cited by the United States Department of Labor’s Occupational Safety and Health Administration (“OSHA”) for an alleged “serious” violation of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. §§ 651–678, for violating 29 C.F.R. § 1926.416(a)(1), one of the general requirements contained in Subpart K (Electrical) of the Construction standards, with a proposed penalty of $12,675.00. After Armstrong timely contested the citation, the Secretary of Labor (“Secretary”) filed a formal complaint with the Commission alleging both a violation of 29 C.F.R. §1926.416(a)(1) and, in the alternative, a violation of 29 C.F.R. §1910.268(b)(7).