Pooler Enterprises (Pooler) is a construction company that performs utilities and site work in preparation for building construction. Tr. 19. The Occupational Safety and Health Administration (OSHA) conducted an inspection of Pooler’s worksite in Penfield, New York on April 22, 2024. Tr. 13. OSHA issued Pooler a Citation and Notification of Penalty (Citation) on August 13, 2024, alleging a serious violation of 29 C.F.R. § 1926.651(j)(l) for failure to provide adequate protection to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Ex. R-2 at 4. The Secretary proposed a penalty of $4,662. Ex. R-2 at 4.