This proceeding is before the Occupational Safety and Health Review Commission (the “Commission”) under §10(c) of the Occupational Safety and He alth Act of 1970, 29 U.S.C. § 651 et seq. (the “Act”). Brady SoCal, Inc. (“Brady”), is a contractor in the construction industry providing framing, drywall, and insulation services. (Ex. J-1, ¶ 5). In March of 2018, Brady was a subcontractor on the worksite of the Barona Casino and Resort (“Barona”), located at 1932 Wildcat Canyon Road, Lakeside, California. (Id.). In furtherance of its work at the Barona worksite, Brady had a scaffold erected on a building being converted from an outdoor dining space to an indoor buffet (“the buffet building”). (Ex. J-1, ¶¶ 10 & 11). Early in the morning on March 16, 2018, an employee from another subcontractor at the worksite, American Sheet Metal (“ASM”), climbed the subject scaffold to access the roof of the buffet building. (Tr. 53-54, 71; Exs. C-4 & 5). At some point after doing so, the employee fell off the roof and died. (Id.)