In April 2018, a worker was seriously injured when he fell onto equipment at a railcar manufacturing facility in Cherokee, Alabama. The Occupational and Safety Health Administration inspected the facility following the incident and issued FreightCar America, Inc., a citation alleging a serious violation of section 5(a)(1) of the Occupational Safety and Health Act, 29 U.S.C. 654(a)(1), based on employee exposure to a “slip and fall” hazard. Administrative Law Judge Sharon D. Calhoun affirmed the violation and assessed the proposed penalty of $4,712. We reverse the judge’s decision and vacate the citation because the Secretary has failed to establish that FreightCar America, Inc., is properly cited as an employer responsible for the alleged violation.