As Lake Building Products, Inc. (Lake Building or Respondent) was erecting a two-story steel structure at 520 White Pond Road, Akron, Ohio, Occupational Safety and Health Administration (OSHA) Compliance Officer Steven Browning saw two Lake Building employees working without fall protection from the second story of the structure. He commenced a safety inspection of the worksite. As a result of the inspection, on June 27, 2016, OSHA issued a one-item serious citation, a one-item repeat citation, and a notification of penalty to Lake Building for violation of OSHA’s construction steel erection standard (Subpart R). Lake Building filed a timely notice of contest bringing this matter 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. § 659(c) (the Act).