Whistleblower Law Blog

Topic: Occupational Safety and Health Administration (OSHA)

Law360 Interviews R. Scott Oswald, Managing Principal of The Employment Law Group®, on the Significance of OSHA’s Recent Call to Establish a Whistleblower Protection Advisory Committee

R. Scott Oswald, managing principal of The Employment Law Group® law firm was recently interviewed by Law360 regarding the Department of Labor’s Occupational Safety and Health Administration’s (OSHA) announcement last week that it plans to establish an a Whistleblower Protection Advisory Committee dedicated to improving OSHA’s whistleblower protection efforts.

The proposed committee would fulfill and advisory role and make recommendations to the Secretary of Labor on ways to improve the effectiveness and transparency of OSHA’s administration of whistleblower protection laws.  The committee would advise on the development and implementation of “improved customer service models” for both whistleblowers and employers, as well as recommend changes to investigator training, and regulations governing OSHA investigations.  The move, according to commentators, highlights the government’s reinvigorated focus on protecting employees who report unsafe working conditions, violations of financial and securities law, or other violations.

The proposed committee would likely be comprised of a cross-section of stakeholders representing both employee and management perspectives and would function as a public forum to discuss the whistleblower program.

According to Mr. Oswald, “a committee that includes a broad range of perspectives would also serve to continue the discussions that OSHA had with stakeholders in its efforts to develop the changes it has made so far to improve the process for whistleblowers and corporations.”

Last year OSHA, which enforces the whistleblower provisions of 21 statutes that protect employees who blow the whistle on violations, completed an exhaustive internal review of its whistleblower program and subsequently announced a restructuring of the program, as well as new updates to OSHA’s investigator manuals.

Furthermore, Oswald commented that OSHA’s establishment of an advisory committee “is a continuation of that process meant to ensure that the pragmatic changes that OSHA has established do not in any way erode over time because there will be a group of individuals that have a vested interest in whistleblower programs’ success.”

The article, entitled “OSHA Steps Up Efforts To Revamp Whistleblower Program”, appeared in the May 21, 2012 edition of the web-based legal news service, Law360.

The Employment Law Group® law firm is a leader in the field of whistleblower law and has an extensive nationwide whistleblower practice representing employees who have exposed illegal activity by their employer.

decorative line

OSHA Orders Tennessee Trucking Company to Reinstate Whistleblower and Pay Over $180,000 for Terminating Him for Refusing to Drive While Fatigued and Ill

On May 3, 2012, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) announced that it ordered Mark Alvis, Inc., a Tennessee-based commercial motor carrier, to reinstate a former employee and pay him $180,000 in back pay, interest, and damages. OSHA found that the company violated the Surface Transportation Assistance Act by terminating the employee for refusing to drive while he was fatigued and ill, and for refusing to exceed the hours-of-service limitations of the Federal Motor Carrier Safety Regulations.

On May 4, 2010, while inspecting a milk tanker truck for readiness before making a delivery, the driver slipped and hit his chest and stomach against a ladder. After he completed the delivery, the employee’s supervisor instructed him to perform another delivery.  The employee informed his supervisor that could not make the delivery, both because he was hurt and because he did not have enough remaining service hours to complete the task in accordance with federal regulations., Under U.S. Department of Transportation Federal Motor Carrier regulations,  commercial truck drivers are limited in the number of consecutive hours they may spend on the road without adequate breaks.  Upon refusing to make the delivery, the employee was told to remove his belongings from his truck was terminated.

After he was terminated, the employee filed a formal whistleblower complaint with OSHA.  After investigating the matter, OSHAdetermined that there was sufficient evidence to conclude that the company terminated the employeebecause he refused to complete the last delivery.

“America’s truck drivers have the right to refuse to drive when they are fatigued and/or ill and when they may be in violation of hours-of-service requirements, as permitted by current federal trucking regulations,” said Cindy A. Coe, OSHA’s regional administrator in Atlanta. “OSHA will ensure that these basic worker rights are protected and will prosecute any employer found violating them.”

The Employment Law Group® law firm is a leader in the field of whistleblower law and has an extensive nationwide whistleblower practice representing employees who have exposed illegal activity and safety hazards by their employer.

decorative line

St. James Stevedoring Partners LLC Agrees to Pay River Barge Captain $245,000 to Settle Retaliation Lawsuit After Terminating Him for Reporting Engine Problems to the Coast Guard

On April 23, 2012, the U.S. Department of Labor announced that St. James Stevedoring Partners LLC, a New Orleans-based riverboat company, has agreed to pay $245,000 to settle allegations that it violated the Seaman’s Protection Act when it terminated an employee for raising safety concerns.  The whistleblower provisions of the Seaman’s Protection Act protect employees who report violations of various consumer product, environmental, financial reform, food, health reform and maritime laws.

An investigator from the Occupational Safety and Health Administration (OSHA) determined that St. James Stevedoring terminated a riverboat barge captain after he notified the U.S. Coast Guard that the starboard vessel engine was inoperable.  After the incident, the company suspended the captain and told him that he was not permitted to report safety concerns to the Coast Guard, despite the fact that riverboat captains are required by law to report safety hazards to the Coast Guard.  The captain was put on probation,When he discovered another engine safety violation and reported it to the Coast Guard,  the company terminated the captain and claimed that it was because of his poor performance.

The terms of the settlement require St. James Stevedoring Partners to pay the captain a total of $245,000, which includes $23,451 in back pay, $70,352 in front pay, $133,106 in compensatory damages and $18,091 in attorney’s fees. In addition, the company will inform all employees of their right to raise maritime safety concerns without fear of being terminated.  The settlement is the most significant financial settlement under the Seaman’s Protection Act since OSHA assumed jurisdiction over the whistleblower provisions of the law in 2010.

“Employees must feel free to exercise their rights under the law without fear of termination or retaliation by their employers,” said John M. Hermanson, OSHA’s regional administrator in Dallas. “The Labor Department is committed to vigorously protecting the rights of all workers.”

The Employment Law Group® law firm has an extensive nationwide whistleblower practice  representing employees who have been victims of retaliation.

decorative line

U.S. Department of Labor Files OSH Act Lawsuit Against Florida Canvas Manufacturer for Terminating Whistleblower Who Complained About Rodent Infestation

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) filed a whistleblower retaliation lawsuit against Aquatech Canvas & Consignment, a division of LOTO Services, LLC, and its owner, Allan R. Lochhead, for terminating an employee who raised health concerns about Aquatech’s facility in Stuart, Florida.  According to OSHA, Aquatech Canvas & Consignment “specializes in the preparation, sale and installation of canvas, including covers for boats and upholstery.”

OSHA filed suit in the U.S. District Court for the Southern District of Florida after its investigation found that Aquatech and Lochhead violated the whistleblower provisions of Section 11(c) of the Occupational Safety and Health Act when they terminated the employee for raising health concerns.  The employee reported to management that the offices were infested with rodents and that rodent droppings could be seen in various places.   Although Lochhead personally placed rodent traps in the office, the problem persisted and the employee complained again.  When Lochhead insisted that there was no rodent problem, the employee filed a health complaint with OSHA.  One day after OSHA notified Aquatech and Lochhead about the complaint the company fired the employee.

In addition to requesting back wages, interest, and compensatory and punitive damages, OSHA is asking the employee be reinstated and that Aquatech expunge from the employee’s personnel records any negative information relating to this matter.

The Employment Law Group® law firm has an extensive nationwide whistleblower practice  representing employees who have been victims of retaliation.

decorative line

Dollar Tree Stores Cited by OSHA with Repeat Workplace Safety Hazards for Allegedly Allowing Blocked Fire Exits and Unsafe Storage of Merchandise

The U.S. Department of Labor’s Occupation Safety and Health Administration (OSHA) has cited Chesapeake, Virginia-based Dollar Tree Stores with repeat workplace safety hazards at a Newark, New Jersey location and has proposed $121,000 in penalties.

OSHA found during an inspection of the Dollar Tree Store in Newark that the retailer had permitted its exit routes to be blocked by boxes and product carts and had stored materials in an unsafe manner.  Dollar Tree Stores have been cited previously for similar violations in four locations in 2008, 2010, and 2011. When, as in this case, repeat violations occurred within the last five years, OSHA assesses stiffer penalties against the responsible entity.  OSHA has given Dollar Tree Stores fifteen days from receipt of its citations to correct the violations.

Kris Hoffman, director of OSHA’s Parsippany Area Office, states:

“These violations are often found at retail stores and can pose a serious risk to workers… It is imperative that Dollar Tree Stores evaluate all of its locations for these and other potential workplace hazards, and take the appropriate steps to protect workers.”

The Employment Law Group® law firm represents employees nationally who have been exposed to hazardous work conditions.

decorative line

OSHA Announces Restructuring of Whistleblower Program to Increase Priority Status of Whistleblower Enforcement

Last week, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a major restructuring of its Office of the Whistleblower Protection Program. As a result of the changes, the Program will now report directly to OSHA’s Office of the Assistant Secretary instead of to its Directorate of Enforcement Programs.

The result of this restructuring is that Assistant Secretary of Labor, Dr. David Michael – who heads OSHA – will directly oversee the whistleblower program. According to a press release issued by OSHA, the move indicates a “significantly elevated priority status for whistleblower enforcement.”

OSHA’s plan to restructure its whistleblower program follows a top-to-bottom review of the program that the agency completed in 2011. The review came as a response to audits by the U.S. Government Accountability Office and the Department of Labor Office of the Inspector General which found problems with the program.

As part of the improvement plan, OSHA released an updated Whistleblower Investigations Manual last year, which had not been updated since 2003. The new manual contains updated information on procedures for handling cases and information on recently enacted laws. The plan also aims to add investigators and strengthen investigator training.

In addition to the restructuring at the national level, OSHA indicated that is has initiated pilot projects to evaluate structural changes in 10 OSHA field regions in an effort to further strengthen the whistleblower program.

According to Assistant Secretary Michaels, “OSHA’s internal improvement initiatives, including this realignment, demonstrate the agency’s steadfast commitment to strengthening a program that is critically important to the protection of worker rights” as “the ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers’ most essential legal protections.”

OSHA is responsible for enforcing the whistleblower provisions of the Occupational Safety and Health Act, as well 20 other laws that offer protection to employees who report regulatory violations

The Employment Law Group® law firm has an extensive nationwide whistleblower practice  representing employees who have been retaliated against for reporting hazardous work conditions.

decorative line

OSHA Files Suit against U.S. Postal Service for Alleged Discrimination and Retaliation

On February 28, 2012, the Occupational Safety and Health Administration (OSHA) confirmed allegations that the United States Postal Service retaliated against a Seattle safety specialist who advised a co-worker to file a safety complaint. OSHA investigated the initial claim and found that the Postal Service violated the whistleblower protection provisions of the Occupation Safety and Health Act.

The Postal Service transferred the safety specialist, who remains unnamed as a protected whistleblower, to another office after he helped a co-worker report “unhealthful conditions” to OSHA. In addition, the Postal Service gave the specialist’s work to someone on a lower pay grade and told him that he would not receive a pay raise because his supervisors did not approve of his filing a safety complaint with OSHA.

The lawsuit, filed in the U.S. District Court for the Western District of Washington, asks that the Court order the Postal Service to pay the safety specialist for lost wages, benefits, and compensatory damages for emotional distress. It also seeks a permanent injunction against the Postal Service to prevent future violations of the Occupational Safety and Health Act, since this is OSHA’s second lawsuit against the Seattle Distribution Center.

In June 2009, OSHA sued the Postal Service alleging that an employee was wrongfully discharged after reporting unhealthy working conditions. The whistleblower in the  2009 case was the same employee that the safety specialist advised in the current case. A spokesman from OSHA stated that the 2009 case was withdrawn.

OSHA’s regional administrator, Dean Ikeda, stated that the Postal Service refused to settle the case out of court. Ikeda said, “This is something we take very seriously. Hostility and retaliation against whistleblowers are simply unacceptable.”

The Employment Law Group® law firm represents employees nationally who have been exposed to hazardous work conditions.

decorative line

Interline Logistics Group LLC Ordered by OSHA to Reinstate and Pay Whistleblower Truck Driver $190,000 After He Refused to Violate Department of Transportation Regulation

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) last week ordered Interline Logistics Group LLC, a trucking company headquartered in Kennesaw, Georgia, to reinstate a Sauk Village truck driver, and pay over $190,000 in back wages and compensatory damages for violating the whistleblower provision of the Surface Transportation Assistance Act (STAA).

The truck driver filed a whistleblower complaint with OSHA against Interline Logistics Groups LLC. OSHA’s investigation found that after the company sent the truck driver to a repair shop to service the deficient brakes, it ordered him to go back to his dispatch location to pick up a return load. The truck driver refused to follow orders because he had already exceeded the maximum number of driving hours allowed by the DOT. The following day, Logistics Group terminated the driver for not following dispatch instructions. OSHA found reasonable cause to believe that the truck driver was terminated for reporting a safety issue with his brakes and refusing to violate DOT regulations.

OSHA’s Assistant Secretary of Labor, Dr. David Michaels, stated in a press release:

This case sends a clear message that employers are simply not allowed to retaliate against workers for reporting work-related safety concerns or against drivers who refuse to violate DOT regulations that determine how many hours they are allowed to work and how much rest they receive.

The Employment Law Group ® law firm has an extensive nationwide whistleblower practice representing employees who have been victims of retaliation.

decorative line

OSHA Issues Citations to Publix Supermarket after Jacksonville Employee Loses His Hand

On February 13, the Occupational Safety and Health Administration (OSHA) issued citations to Publix Supermarket for sixteen safety and health violations after a worker lost his hand while cleaning conveyor equipment at a Jacksonville distribution center in September. OSHA proposed a total of $182,000 in penalties for repeat violations, including failure to create and follow safety procedures, neglecting to adequately train employees on how to use equipment, and refusing to submit OSHA injury reports from 2007-2010.

Based on the supermarket’s repeated violations, OSHA required Publix to participate in its Severe Violator Enforcement Program. According to OSHA, previous violations include an employee being crushed by a Publix truck at a Deerfield Beach warehouse in 2007 and unsafe working conditions at another facility in Dacula, Georgia in 2008. As part of the Severe Violator Enforcement Program, Publix will be required to undergo routine follow-up inspections by OSHA.

Publix Media and Community Relations Manager Dwaine Stevens denied that OSHA’s citations are valid and stated that the company will appeal. “In the meantime,” he said, “we are actively working on identifying and addressing any issues that may have contributed to this unfortunate incident and are constantly developing ways to improve our safety performance.”

The Employment Law Group® law firm represents employees nationally who have been exposed to hazardous work conditions.


decorative line

OSHA Cites Hershey Co. and SHS Staffing Solutions with Workplace Safety and Health Violations Following Complaints Made by Foreign Students for Exploitive and Unsafe Working Conditions

Following complaints made by foreign student workers, this week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Exel Inc., a facility owned by Hershey Co., with nine workplace safety and health violations and proposed $283,000 in penalties. OSHA also issued one citation to SHS Group LP, doing business as SHS Staffing Solutions, and proposed a $5,000 penalty.

The complaint was filed by the National Guestworker Alliance on behalf of a group of foreign students working under the U.S. Department of State’s J-1 visa program, a nonimmigrant visa issued to international students who wish to work in the United States during the summer to learn about the country and promote cultural exchange. These students paid between $3,000 and $6,000 through the Council for Educational Travel USA (CETUSA) to work in the U.S. for three months in order to immerse themselves in American culture. The students complained that they took the job under the impression that they would participate in cultural exchange, but instead found themselves working a low-wage job  that left them will little time, energy or money for cultural immersion.

The complaint alleges abuse of the J-1 visa program, as well as exploitive and unsafe working conditions. OSHA found that for four years, Exel willfully failed to log workplace injuries and illnesses, including those suffered by the foreign student workers.

The Labor Department’s Wage and Hour Division is also conducting an investigation of potential Fair Labor Standards Act (FLSA) violations related to the work performed by the CETUSA- sponsored foreign students.

The Employment Law Group® law firm has an extensive nationwide whistleblower practice  representing employees who have been victims of retaliation.

decorative line