This matter is before the undersigned on remand from the Occupational Safety and Health Review Commission. This Court originally determined, on September 14, 2018, that Complainant failed to prove the cited regulations in the above-captioned matter applied to the work performed by Respondent’s crew at the time of a crane accident which seriously injured an employee. On March 27, 2020, the Commission reversed and determined the cited regulations did apply to the work being performed. In light of the Commission’s decision, this Court must now determine whether Complainant proved the remaining prima facie elements of Respondent’s alleged violations of 29 C.F.R. § 1926.1407(b)(3) and 29 C.F.R. § 1926.1407(d). Ultimately, as discussed below, this Court finds Complainant failed to prove a violation of the cited standards because it did not establish that the violative conduct of the crane operator was foreseeable.