This case involves a tragic accident that occurred on May 2, 2018, when an employee of Henkels & McCoy, Inc. (“H&M”) was injured while attempting to remove a utility pole and later died from his injuries. The United States Department of Labor, through its Occupational Safety and Health Administration (“OSHA”), investigated the accident and subsequently issued a serious citation under the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. §§ 651-678. The citation alleged a violation of section 5(a)(1) of the Act, commonly known as the “general duty clause” and proposed a penalty of $12,934.00. After H&M timely contested the citations, the Secretary of Labor filed a formal complaint with the Commission seeking an order affirming the citation and proposed penalty. A bench trial was held in Jacksonville, Florida, and in Phoenix, Arizona.