Pursuant to a local emphasis program (“LEP”) targeting grain handling facilities, Complainant initiated a programmed inspection of Respondent’s corn mill in Burley, Idaho. During her inspection, Compliance Safety and Health Officer (“CSHO”) Joan Behrend observed an unguarded shaft bushing on a gear box and accumulations of grain dust around the exterior of the facility. (Ex. C-2, C-5, C-11 to C-19). Based on her observations, CSHO Behrend recommended, and Complainant issued under the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. §§ 651-678, a two-item Citation and Notification of Penalty (“Citation”), which alleged a serious violation of 29 C.F.R. § 1910.212(a)(1) and an other-than-serious violation of 29 C.F.R. § 1910.272(j)(1). Complainant proposed a penalty of $4712.00 for the guarding violation alleged in Citation 1, Item 1. Complainant did not propose a penalty for Citation 2, Item 1. Respondent submitted a timely notice of contest, bringing the matter before the Occupational Safety and Health Review Commission (“Commission”).