Berkebile Auto Service, Inc. (BAS or Respondent) operates an automotive garage and towing service at 337 Oakland Avenue in Johnstown, Pennsylvania. A tow truck driver for BAS was fatally injured when he was pinned between the bed of a tow truck and an off-loaded vehicle on December 13, 2016. As a result of the fatal injury, the Occupational Safety and Health Administration (OSHA) began an inspection of BAS. On May 5, 2017, OSHA issued a one-item citation and notification of penalty (citation) to BAS for violation of section 5(a)(1) of the Act, the general duty clause, as a result of the inspection. The citation alleged that the tow truck driver was not protected from the crushing hazard in the area between the tow truck and the off-loaded towed vehicle. BAS filed a timely notice of contest bringing this matter before the Occupational Safety and Health Review Commission (the Commission) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 659(c) (the Act).