This case began with a tragic accident in which three men died when equipment attached to a communications tower on which they were working detached and fell approximately 1,000 feet to the ground, taking the three men with it. Respondent, Tower King II, Incorporated (Tower King), employed the three men, one of whom was the owner’s son. Upon notification of the accident, the Fort Lauderdale Area Office of the Occupational Safety and Health Administration (OSHA) conducted an investigation with assistance from engineers with OSHA’s Directorate of Construction. As a result of that investigation, the Secretary issued Tower King a single citation alleging a serious violation of § 5(a)(1) the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 (the Act), or the general duty clause. In the citation, the Secretary alleged Tower King exposed employees to fall and struck by hazards posed by overloading of the rigging components resulting from its failure to have a complete rigging plan for the equipment attached to the communications tower.1 The Secretary proposes a penalty of $12,934.00 for the alleged violation.