In 2019, Sentinel Systems, LLC (Sentinel) was one of many contractors involved in the construction of the American Dream Mall complex in East Rutherford, New Jersey. On October 9, a Sentinel employee sustained fatal injuries when the utility vehicle (UTV) he was driving crashed into the front end of an empty flatbed semitrailer that had been left on the lower level of a parking structure. (Stip. ¶ 7, T. 14). Sentinel reported the work-related fatality to the Occupational Safety and Health Administration (OSHA), and OSHA then assigned a compliance safety and health officer (CO) to lead an inspection and investigation. (Ex. C-2; T. 37-38). The investigation concluded in March 2020 when OSHA issued to Sentinel a Citation and Notification of Penalty (Citation) pursuant to section 9(a) of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651–678 (Act). Sentinel timely contested the Citation and the proposed penalty pursuant to section 10(a) of the Act, thereby bringing the matter before the independent Occupational Safety and Health Review Commission (Commission) under section 10(c). (Stip. ¶¶ 1 & 13; T. 13 & 15).