Following the inspection of a multi-family housing project in Ponte Vedra, Florida, the Occupational Safety and Health Administration issued Summit Contracting Group, Inc., a citation alleging a serious violation of 29 C.F.R. § 1926.501(b)(13), which requires employees “engaged in residential construction activities 6 feet (1.8 m) or more above lower levels” to be protected by specified fall protection measures. Administrative Law Judge John B. Gatto affirmed the citation and assessed the proposed $11,640 penalty. For the reasons discussed below, we reverse the judge and vacate the citation.