The parties have filed cross-motions for summary judgment on the sole issue remaining to be decided, which may be stated as follows: Issue: Does a genuine dispute of material fact exist on whether the evidence does, or does not, constitute “clear and convincing evidence” to hold the Respondent, Mr. Quevedo-Garcia, personally liable for OSHA violations and penalties that have been assessed against his closely held company (BB Frame LLC) by piercing the corporate veil of that company?? Decision: The whole of the evidence on the cross-motions permits only one reasonable conclusion––that the evidence is clear and convincing that BB Frame LLC has not operated as an entity separate from Quevedo-Garcia and that he has abused the company’s corporate form to circumvent the Occupational Safety and Health Act of 1970 (Act or OSH Act) and avoid the Act’s expressed purpose and policy. The Secretary is therefore entitled to judgment as a matter of law that the company’s corporate form should be disregarded to hold Quevedo-Garcia personally liable for the company’s OSHA violations and penalties. Accordingly, as set forth below, the Respondent’s motion for summary judgment is denied, and the Secretary’s cross-motion for summary judgment is granted.