As we are all aware, in order for Santa Claus (yes, there is a Santa Claus) to come down the chimney of your home, he must first land on the roof of your home. He does not come to the front door and ring the doorbell. If he did, it would eliminate the surreptitious nature of his visit. Neither a child nor their parent wants to encounter dear old Santa in the middle of the night. It may not be a pleasant encounter—Mr. Claus is a very busy man on Christmas Eve. He is like an attorney who has to file a brief by the next morning… 

Sadly, I have bad news for all those expecting Santa this Christmas. I have just learned that going up on the roof in many instances is an OSHA (Occupational Safety and Health Administration) violation. While it is not an automatic violation, whether or not it is an actionable offense will depend on such factors as the work needed to be performed, the height of the roof, and whether Santa is given adequate protection (guard rails, safety goggles, etc.). In essence, Santa needs a team of assistants (perhaps, the elves!) and Personal Protective Equipment (PPE) to ensure he does not fall and hurt himself. 

You are now probably wondering how I know all of this. Did Enea receive a notice from Santa’s helpers that Santa will not be going up on the roof this year unless OSHA-compliant protection is provided? 

Believe it or not, I have been a subscriber for 22 years to a satellite TV service—a well-known company that (allegedly) installs, adjusts, and/or replaces satellites directly as the means for their existence. Yet, while trying to resolve an issue with service interruptions I have learned that technicians for this company cannot go up on the roof to adjust a satellite because doing so is an OSHA violation. 

I know what you are thinking: Why would Enea assume that technicians for a satellite TV service would go up on the roof? It is a preposterous assumption! It is like assuming that, in order to get milk from a cow, the cow needs to be actually milked!

In discovering this (about the satellites, not the cow) I politely inquired how this company planned to resolve my issues if the satellite needed adjustment or an upgrade. My inquiry to the service call operator was met with silence. After this awkward pause, her response was, “Let’s try replacing the mini receiver boxes first.” 

To make matters worse, the service technician later advised me that he could not go up on the roof without being compensated, and that only if I separately paid him would he do so. Yikes, the squeeze!

Well, I guess it is time to say adios, satellite! Back to cable or streaming!     

Anthony J. Enea, Esq., is the managing attorney of Enea, Scanlan and Sirignano, LLP of White Plains, New York. He focuses his practice on Wills, Trusts, Estates and Elder Law.  Anthony is the Past Chair of the Elder Law and Special Needs Section of the New York State Bar Association (NYSBA) and is the past Chair of the 50+ Section of the NYSBA.  He is a Past President and Founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA).  Anthony is also a Past President of the Westchester County Bar Foundation and a Past President of the Westchester County Bar Association. He is also fluent in Italian. He can be reached at (914) 948-1500 or at a.enea@esslawfirm.com