OSHA Files Whistleblower Lawsuit against Colorado Employer

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently filed a lawsuit against the Brighton Medical Clinic in Brighton and its owner, Dr. Luithuk Zimik, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health Act.
 

 
According to OSHA, the employee had complained about safety and health hazards to the clinic's management staff before filing a formal complaint about the hazards with OSHA. (WCxKit)
 
 
The employee was later discharged and then filed a whistleblower complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA's Whistleblower Protection Program conducted an investigation and determined the former employee's allegations had merit. After being notified of OSHA's findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position and to pay back wages or other employment benefits.
 
 
Filed in the U.S. District Court for the District of Colorado, the complaint seeks to reinstate the employee, secure compensatory damages and lost back pay, and requires the company to post a notice in a prominent place at the worksite for 60 days that explains employee rights under Section 11(c) of the OSH Act. (WCxKit)
 
 
 
"Employees should be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Gregory Baxter, OSHA's regional administrator in Denver. "This lawsuit underscores the Labor Department's commitment to vigorously take action to protect those rights."

 

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
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