On November 14, 2017, a pavement marking technician installing raised pavement markers on US Highway 90 near Devers, Texas, was fatally injured when the protection truck immediately behind him in his work convoy crashed into his work truck, causing him to fall underneath the protection truck. RoadSafe Traffic Systems, Inc. (RoadSafe), employer of the employee, notified the Occupational Safety and Health Administration (OSHA) of the accident. The next day, November 15, 2017, OSHA Compliance Safety and Health Officer (CSHO) James Jacob initiated an inspection of RoadSafe’s worksite. As a result of OSHA’s inspection, the Secretary issued a Citation and Notification of Penalty (Citation) to RoadSafe on April 17, 2018, alleging two serious violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (Act). After the Complaint was filed, the Secretary filed an Unopposed Motion to Amend the Complaint and Citation to allege in the alternative two violations of Section 5(a)(1), the general duty clause, of the Act. Prior to trial, the Secretary voluntarily withdrew Citation 1, Item 1 (Exh. J-1, ¶5) . Therefore, only Citation 1, Item 2 as amended remains at issue. At trial, the Secretary clarified the general duty clause in Citation 1, Item 2 was being alleged in lieu of the previously cited standard and not in the alternative (Tr. 7, 17, 18; J-1) .