Elmer W. Davis, Inc. (EWD), the Respondent herein, is a construction company based in Rochester, New York, that concentrates on commercial roofing projects. On April 30, 2021, EWD assigned two employees to repair the low-slope roof of a one story commercial building in Rochester. The roof was about 15 feet above ground level, had unprotected edges, and was less than 50 feet wide. Because of the roof’s narrow width, the fall protection standard for roofing work on low-slope roofs [29 C.F.R. § 1926.501(b)(10)] permitted EWD to use a safety monitoring system alone for fall protection. While driving to another destination, an on-duty Compliance Safety and Health Officer (CO) from the U.S. Occupational Safety and Health Administration (OSHA) noticed the two EWD employees on the roof. They appeared to him to be working without fall protection. The CO stopped driving and observed and photographed the employees for about ten minutes. (Joint Pre-Hr’g Statement at 5). The CO then alerted them to his presence, and at his request they descended from the roof. A formal OSHA inspection and investigation ensued.