This proceeding is before the Occupational Safety and Health Review Commission (“Commission”) under section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”). On November 13, 2019, in response to a report of a hospitalization arising out of an incident on a Point Comfort, Texas worksite operated by Palacios Marine & Industrial Coating Inc. (“Palacios Marine” or “Respondent”), the Occupational Safety and Health Administration (“OSHA”) Corpus Christi Area Office dispatched a Compliance Safety and Health Officer (“CSHO”) to conduct an inspection of Respondent’s worksite. (Tr. 162, 168; Ex. C-3.) As a result of the inspection, OSHA issued a Citation and Notification of Penalty (“Citation”) to Respondent alleging serious violations of the Act and proposing a total penalty of $53,976. The Citation was issued on February 10, 2020. Respondent timely contested the Citation, bringing this matter before the Commission .