Following an inspection of a residential roofing project in Dawsonville, Georgia, the Occupational Safety and Health Administration issued Fama Construction, LLC, a roofing contractor, two citations alleging a total of three violations of various construction standards.1 On January 10, 2023, Administrative Law Judge John B. Gatto granted the Secretary’s motion for summary judgment and affirmed both citations.2 Fama filed a Petition for Discretionary Review, arguing that the judge erred in granting the Secretary’s motion. For the following reasons, we set aside the judge’s decision and remand this case for further proceedings consistent with this order.