On the second night of a two-day project to install new air conditioning units on top of the Wal-Mart store, located at 1821 S. Padre Island Dr., in Corpus Christi, Texas, Respondent’s mobile crane tipped over, causing severe injuries to the operator. Complainant dispatched Compliance Safety and Health Officers (CSHOs) Stephanie Dovalina and Carlos Casas to inspect the worksite the very next morning. (Tr. 134–35). After the inspection, Complainant issued a Citation and Notification of Penalty (“Citation”), which alleges a serious violation of 29 C.F.R. § 1926.1402(b) of the Occupational Safety and Health Act, 29 U.S.C. § 659(c) (Act) and proposed a penalty of $12,675.00 for Citation 1, Item 1(a). (Ex. C-1 at 6). Respondent timely contested the Citation, bringing this matter before the Occupational Safety and Health Review Commission (“Commission”).