Illegal retaliation puts workers at risk, say safety advocates, as Inspector General warns of delays and calls for faster investigations
September 10, 2020
As complaints of retaliation against whistleblowers skyrocket during the COVID-19 pandemic, safety advocates say workers’ lives are at risk due to a slow and inadequate response from the OSHA.
OSHA is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic.
Employees should not be afraid to report workplace injuries or hazardous conditions. The Occupational Safety and Health Act prohibits employer retaliation against employees who report workplace violations or file work injury claims. OSHA regulations mandate workplace safety for all employees.
Company found guilty of retaliation, ordered to pay
December 23, 2019
A whistleblower investigation by the OSHA has found that Bouchard Transportation Company Inc., B. No. 272 Corp – a petroleum barge company based in Melville, New York – and its officers violated the whistleblower protection provisions of the Seaman’s Protection Act (SPA) when it retaliated against a seaman who cooperated with U.S. Coast Guard (USCG).
The termination of two employees who participated in an OSHA investigation into a workplace injury has resulted in a federal judge ordering their former employee to pay them $1,047,399 in lost wages and punitive damages.
The case began with a workplace incident in which one of the employees' co-workers suffered the amputation of three fingers.
Five years of legal wrangling following a workplace amputation – in which retaliation, intrigue and secret photos played a part – ended recently with a decision by a federal jury in Pennsylvania. The jury in the U.S. District Court for the Eastern District of Pennsylvania found that Lloyd Industries Inc. and its owner, William P. Lloyd, unlawfully fired two employees because of their involvement in an OSHA investigation.
OSHA has filed a lawsuit against a Boston, Massachusetts-based contractor, alleging that the company retaliated against an injured employee by facilitating his arrest.
The complaint filed last month with the U.S. District Court for the District of Massachusetts against Tara Construction Inc. and its chief executive officer, Pedro Pirez, states that the worker sustained a serious injury when he fell from a ladder on March 29, 2017. He reported his injury to his employers. OSHA found out about the fall and investigated.
Poison Food, Poisoned Workers: Eyal Press of The Intercept writes about chronic health problems that have plagued Jessica Robertson since she began working as a part-time U.S. Department of Agriculture poultry inspector at a turkey processing plant, most likely from peracetic acid which is used to remove bacteria from the carcasses of chickens and turkeys.
A safety director who was fired after providing a statement and safety documentation to OSHA for an investigation will receive $48,000 in back wages and compensatory damages from his previous employer.
Jasper Contractors - headquartered in Kennesaw, Georgia, but performing roofing work in Florida – has agreed to the settlement with OSHA, which resolves a lawsuit filed under the anti-retaliation provisions of the Occupational Safety and Health (OSH) Act.