Employee Wrongfully Terminated For Raising Health Concerns
The U.S. Department of Labor recently won a lawsuit filed in the U.S. District Court for the Southern District of Florida against LOTO Services LLC and owner Allan R. Lochhead.
Based on an investigation by its Occupational Safety and Health Administration, the department sued the defendants, alleging that they unlawfully and intentionally terminated an employee of Aquatech Technologies Inc. for raising health concerns about rodent infestations at Aquatech’s facility in Stuart, Fla. LOTO Services LLC owns Aquatech Technologies, which does business as Aquatech Canvas & Consignment.
Ordered to Pay $34,186 Penalty
Judge K. Michael Moore permanently enjoined the defendants from violating the provisions of Section 11(c) of the Occupational Safety and Health Act, which prohibits retaliation against employees for raising workplace safety and health concerns. The judge further ordered that the former employee be paid a total of $34,186, comprising $27,072 in back wages, $6,700 in expenses and $414 in interest. The Labor Department was represented in court by its Regional Office of the Solicitor in Atlanta.
“OSHA will continue to ensure that every American worker has the right to report workplace hazards without fear of retaliation,” said Cindy Coe, OSHA’s regional administrator in Atlanta. “This judgment is proof that the Labor Department will prosecute, to the fullest extent of the law, employers found violating these basic worker rights.”
Employee Terminated One Day After Filing Health Complaint
The employee had reported concerns to management regarding rodents and rodent droppings in the office, and requested to have these problems corrected. Lochhead placed rodent traps in the office, but the problem continued. The employee complained again, but Lochhead indicated that there was no rodent problem, so the employee filed a health complaint with OSHA. One day after OSHA officials notified the company of the health complaint, the employee was terminated. The employee then submitted a whistleblower complaint, and OSHA’s resulting investigation found merit to it.
OSHA enforces the whistleblower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, health care reform, securities, food safety, motor vehicle safety and consumer financial reform regulations.
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: [email protected].
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