OSHRC dismisses $124K fall protection violation, cites lack of evidence

The Occupational Safety and Health Administration failed to prove that a Dish Network worker installing equipment on the roof of a Sonic fast-food restaurant in Syracuse, New York, was not using fall protection, an administrative law judge with the Occupational Safety and Health Review Commission ruled in vacating a $124,305 fine.

As documented in Acting Secretary of Labor v. Dish Network LLC, which became a final order of the commission on Thursday, a Dish field technician and field service manager were working to install an antenna in 2022 when two OSHA compliance safety and health officers were having lunch across the street and questioned, from afar, whether fall protection was being used.

A series of photos taken on site were inconclusive as to whether harnesses, which were seen, were in use, according to the ruling.

Dish Network answered OSHA’s initial complaint, asserting “among other defenses” that “if there was a violation, it was the result of an isolated incident of unforeseeable employee misconduct.”

An ALJ concluded the secretary failed to establish “all the elements of his prima facie case” and therefore, has failed to establish a violation.