An employee will receive $100,000 in punitive damages from the owner of a Sandpoint, Idaho, oil change facility who fired the worker for reporting safety violations, disregarding the whistleblower provision of the Occupational Safety and Health Act.
A federal judge upheld the findings on Sept. 29 of an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration.
Judge B. Lynn Winmill of the U.S. District Court for the District of Idaho cited Sydney Oskoui, owner of Sandpoint Gas N Go Lube Center Inc., for his “reprehensible” conduct. Calling it a clear case of intentional retaliation, Winmill also ordered Oskoui and his company to pay $979 in damages and interest to compensate the employee for his lost wages.
“The court got this one right,” said Regional Solicitor Janet Herold. ”By awarding punitive damages, the court sent a message that retaliation against workers who report safety violations will not be tolerated.”
The court also issued a permanent injunction barring Oskoui and his business from retaliating against employees who report safety problems in the future, told him to post a copy of the order at the business, and to notify employees on how to contact OSHA if he violates the injunction.
OSHA investigated the mechanic’s complaint, and cited the employer for safety and health violations in 2012. Upon receipt of the citations and proposed penalties, the employer fired the employee. The department determined in September 2014 that Oskoui had wrongfully fired the worker for filing a safety complaint with the agency’s Boise Area Office.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: [email protected].
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