This proceeding is 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. § 451 (the Act). On October 13, 2021, the Occupational Safety and Health Administration (OSHA) conducted an inspection of a worksite located at 1199 East 53rd Street, Brooklyn, N.Y. (worksite). As a result, on February 10, 2022, OSHA issued a Citation and Notification of Penalty (Citation) to Link General Contracting Corporation (Respondent), that alleged two violations of the Act. Citation 1 includes two (2) items and is classified as “serious”. This case is a simplified proceeding under the Occupational Safety and Health Review Commission Rules of Procedure Rule 202. 29 C.F.R. § 2200.202. Accordingly, no complaint or answer was filed. Respondent initially asserted the unpreventable employee misconduct (UEM) defense during the pre-hearing conference held pursuant to Rule 207 of the Commission Rules of Procedure. 29 C.F.R. § 2200.207(b). By consent of the parties, a virtual hearing was held on August 30th through 31st, 2022. In that hearing, Counsel for Respondent withdrew the UEM defense. Tr. 180. For the reasons that follow, Citation 1, Items 1and 2 are AFFIRMED.