The Occupational Safety and Health Administration issued a citation to Walmart, Inc., alleging that pallets of merchandise kept on racks at its Johnstown, New York, distribution center were “stored in tiers” but not “blocked . . . so that they [were] stable and secure against sliding or collapse” as required by 29 C.F.R. § 1910.176(b). Following a hearing, Administrative Law Judge Keith E. Bell affirmed the citation and assessed the proposed $10,864 penalty. We conclude that the pallets of merchandise were not “stored in tiers” within the meaning of § 1910.176(b). Accordingly, we find that the cited provision does not apply to the alleged violative condition, and we therefore reverse the judge and vacate the citation.