Respondent DISH Network, L.L.C., a Colorado-based company proving satellite services, was installing a DISH antenna at a Sonic restaurant in Syracuse, New York, when it was investigated by the United States Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), and subsequently issued2 a willful citation for an alleged violation of the Occupational Safety and Health Act of 1970 (“the Act”), 29 U.S.C. §§ 651–678, with a proposed penalty of $124,305.00. DISH timely contested the citation, and the Secretary filed a complaint3 with the Commission (the “Court”) seeking an order affirming the citation and proposed penalties. (Compl. ¶X at 5). DISH answered the complaint asserting among other defenses that “if there was a violation, it was the result of an isolated incident of unforeseeable employee misconduct.” (Answer at 3). The Court subsequently held a 2-day trial in Syracuse, New York.

Based upon the record, the Court concludes it has jurisdiction over the parties and subject matter in this case.4 Pursuant to section 12(j) of the Act and Commission Rule 90(a)(1), after hearing and carefully considering all the evidence and the arguments of counsel, the Court issues this Decision and Order, which constitutes its final disposition of the proceedings.5 See 29 U.S.C. § 661(j); see also 29 C.F.R. § 2200.90(a)(1). For the reasons indicated infra, the Court concludes the Secretary has failed to establish all the elements of his prima facie case and therefore, has failed to establish a violation. Accordingly, the Court VACATES the citation.