Edwin Taylor Corporation was retained to construct shells for five three-story condominiums. Paul Barros and Bronson Ostrander were superintendents of the building site. Jay Zimmerman managed them. David Patten, one of the owners of Edwin Taylor, regularly received photos and messages regarding the work. Under this supervisory authority, Edwin Taylor employees were responsible for enforcing safety protocols and correcting potential safety violations at the site. During construction, workers built frames higher than six feet without guardrails. A worker hired by a subcontractor fell 22 feet through an unguarded opening and died. The Occupational Safety and Health Administration (OSHA)

opened an investigation. The Department of Labor cited Edwin Taylor for willful violations of OSHA safety regulations and assessed a penalty of $126,749. Taylor contested the citation to the Occupational Safety and Health Review Commission. The commission’s administrative law judge affirmed the citation but reduced the penalty to

$101,399.20. Edwin Taylor appealed, alleging that it did not willfully violate regulations. During the trial, numerous Edwin Taylor employees testified that they knew that there was not adequate fall protection. Edwin Taylor supervisors also knew that workers would be working on second and third stories and would be exposed to floor openings. Was the penalty assessed Edwin Taylor justified?