Today's News / Compliance

Florida arts school runs afoul of whistleblower protection program

March 16, 2012
KEYWORDS hazards / safety
/ Print / Reprints /
ShareMore
/ Text Size+

whistleblowerOSHA is suing Renaissance Arts and Education Inc., doing business as Manatee School for the Arts in Palmetto, to reinstate a former employee with full back wages and benefits. The lawsuit results from an OSHA investigation that found the privately-run charter school had unlawfully and intentionally terminated the worker's employment for voicing and reporting concerns regarding hazards in the school's two theaters – activities that are protected by the whistleblower protection provisions of Section 11(c) of the Occupational Safety and Health Act.

On June 20, 2009, the employee submitted a letter to his direct supervisor that addressed alleged safety hazards, specifically, improperly placed extension cords and a lack of sprinkler systems. The school did not respond to the letter. On July 14, the employee filed a complaint with OSHA reporting the same concerns. After OSHA communicated with the school, on July 30, the employee disputed the school's response to the safety complaint, and the employee was notified that his position was being terminated. On Aug. 4, OSHA performed a safety inspection and cited the school for safety violations related to the employee's expressed concerns.

The Labor Department's suit, filed in the U.S. District Court for the Middle District of Florida, Tampa Division, asks for an order that includes a permanent injunction against the school to prevent future violations of the OSH Act. It also seeks the reinstatement of the former employee with full benefits; payment of back wages, punitive damages and compensatory damages; removal of references to the matters at issue in this case from the employee's personnel file; and any other appropriate relief. The Labor Department's Regional Office of the Solicitor in Atlanta is representing OSHA in court.

OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act and 20 other statutes protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.

Did you enjoy this article? Click here to subscribe to ISHN.

You must login or register in order to post a comment.

STAY CONNECTED

Facebook logo Twitter YouTubeLinkedIn Google + icon

Multimedia

Videos

Image Galleries

ASSEâ??s Safety 2014 Review

A gallery of photos from the sprawling Orange County Convention Center in Orlando, where ASSE’s annual professional development conference was held June 8-11. All photos courtesy of the American Society of Safety Engineers.

6/26/14 2:00 pm EDT

Realizing ROI from Your Gas Detection Program

This presentation will cover why a safe workplace equates to good business, why keeping workers truly safe from hazardous gases requires a complete gas detection program, and how your investment can ensure an ROI to your overall business.

ISHN Magazine

ISHN0714_cover.jpg

2014 July

In this month's issue of ISHN, check out the top training companies and find out who the winners of the ISHN/ASSE Safety 2014 awards are.

Table Of Contents Subscribe

THE ISHN STORE

M:\General Shared\__AEC Store Katie Z\AEC Store\Images\ISHN\safetyfourth.jpg
Safety Engineering, 4th Edition

A practical, solutions-driven reference, Safety Engineering, 4th edition, has been completely revised and updated to reflect many of today’s issues in safety.

More Products

For Distributors Only - May 2014

ISHN0514FDO_cover.jpgFor Distributors Only is ISHN's niche brand standard-sized magazine supplement aimed at an audience of 2,000 U.S. distributors that sell safety products. Circulation only goes to distributors. CHECK OUT THEMAY 2014 ISSUE OF FDO HERE

ishn infographics

2012 US workplace deathsCheck out ISHN's new Infographic page! Learn more about worker safety through these interactive images. CLICK HERE to view the page.