This proceeding is 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. § 651 et seq. (“the Act”). The Occupational Safety and Health Administration (“OSHA”) conducted an inspection of a Destiny Builders Construction Services, Inc. (“Respondent”) worksite in Chicago, IL on April 21, 2020 through May 7, 2020 . As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging three serious violations and two other-than-serious violations of the Act with a proposed penalty of $38,556.00. The Citation was issued on May 18, 2020. Respondent filed a Notice of Contest (“Notice of Contest”). This case was designated to proceed under conventional proceedings of the Commission. The Complaint was filed on July 2, 2020. On November 3, 2020, the Court issued an Order to Show Cause Why the Notice of Contest Should Not be Dismissed (“First Show Cause Order”) for failure of Respondent in filing its Answer. On November 18, 2020, after receiving the First Show Cause Order, Respondent filed its Answer.