Outside of a Wal-Mart store in Valley Stream, New York, some 2,000 eager shoppers had been gathering for hours in the cold and dark as they awaited the store’s 5 AM opening for its post–Thanksgiving Day sale (aka “Blitz Day”). The crowd became increasingly unruly and Wal-Mart even called the police. But the police left without taking action and shortly before the scheduled opening time, the crowd burst through the door and into the store. A temporary worker who had been sent to the vestibule of the store to ready it for opening was trampled by the surging crowd and eventually died of asphyxiation. Although this was the first fatality, similar incidents have occurred on previous “Blitz Days,” including doors knocked off hinges and shattered glass. Employees are instructed to go to the front of the store to deal with the crowd, “be safe,” and help any customers who are knocked over in the melee. OSHA investigated and cited the retailer for violating the general duty clause by exposing its workers to the hazards of asphyxiation or being struck by the rushing crowd. The citation, which includes a proposed $7,000 penalty, is being appealed by Wal-Mart. On appeal, what should the OSHRC decide?