A worker of Respondent Masis Staffing Solutions, LLC, (“Masis”) was seriously injured when a 2,000-pound bundle of trusses fell on him in Gainesville, Florida. The United States Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), investigated the accident and Masis was issued1 a one-item citation with a proposed penalty of $15,625.00 under the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. § 651 et seq., for allegedly violating an OSHA materials handling and storage standard, 29 C.F.R. § 1910.176(b). After Masis timely contested the citation, the Secretary filed a formal complaint2 with the Occupational Safety and Health Review Commission (the “Court”) seeking an order affirming the citation and proposed penalty. The complaint and citation were subsequently amended to add an additional citation item alleging, in the alternative, a violation of section 5(a)(1) of the Act, commonly known as the “general duty clause,” 29 U.S.C. § 654(a)(1).3 A bench trial was held in Jacksonville, Florida.

There is no dispute that jurisdiction of this action is conferred upon the Commission by section 10(c) of the Act, 29 U.S.C. § 659(c). J. Prehr’g State., ¶ E. The Court also finds, and the parties have stipulated, that Masis was engaged in a business affecting commerce within the meaning of section 3(5) of the Act, 29 U.S.C. § 652(5).4 Ibid. Pursuant to Commission Rule 90, after hearing and carefully considering all the evidence and the arguments of counsel, the Court issues this Decision and Order, which constitutes its final disposition of the proceedings under section 12(j) of the Act, 29 U.S.C. § 661(j).5 For the reasons indicated infra, the Court AFFIRMS the citation and ASSESSES a penalty of $10,938.00.