This case is on remand from the United States Court of Appeals for the Eleventh Circuit. Randall Mechanical, Inc. v. Sec’y of Labor, 798 F. App’x 604 (11th Cir. 2020) (unpublished). Section 10(a) of the Occupational Safety and Health Act of 1970 (the “Act”), 29 U.S.C. §§ 651–678, mandates that “[i]f, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty . . . the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.” 29 U.S.C. § 659(a). There is no dispute the Secretary issued a citation and proposed penalty to Randall on June 27, 2017, which was received by Randall on July 3, 2017. Therefore, the last day for Randall to timely file a notice of contest was July 25, 2017. There is also no dispute that Randall filed its notice with the Secretary on September 19, 2017. Therefore, by operation of law, the citation and proposed penalty was “deemed a final order of the Commission and not subject to review by any court or agency.” Id.