The Occupational Safety and Health Administration issued a two-item citation to Shelly & Sands, Inc., alleging repeat fall protection violations with a proposed penalty of $68,591 for each item. Following a hearing, Administrative Law Judge Sharon D. Calhoun affirmed only Instance (c) of Item 2, which alleges a violation of 29 C.F.R. § 1926.501(b)(1), and assessed a $25,000 penalty. For the reasons discussed below, we reverse the judge and vacate the one remaining item.