Today's News / Compliance

Employee fired for reporting workplace violence – committed by company owner

OSHAThe owner of a marine construction company allegedly created hostile working conditions by making physically threatening gestures, inappropriate sexual comments and advances and yelling and screaming – as well as withholding the paycheck of an employee who objected  to that behavior.

OSHA found that Duane Thomas, owner of Duane Thomas Marine Construction LLC in Florida, fired an employee after he reported workplace violence.

The U.S. Department of Labor is suing Thomas for back wages, interest, and compensatory and punitive damages, as well as front pay in lieu of reinstatement. Additionally, it seeks to have the employee's personnel records expunged with respect to the matters at issue in this case and to bar the employer against future violations of the OSH Act.

The employee, who worked directly for Thomas at the company's custom marine dock installation services site on Marco Island, filed a whistleblower complaint with OSHA Feb. 25, 2011, alleging discrimination by Thomas for having reported the conditions to him. On March 18, 2011, Thomas received notification of the complaint filing. On March 23, 2011, Thomas had computer passwords changed in order to deny the employee remote access to files and then terminated the employee. OSHA's subsequent investigation found merit to the employee's complaint.

"Employees have the right to raise workplace violence concerns without fear of retaliation," said Teresa Harrison, OSHA's acting regional administrator in Atlanta. "OSHA will continue to enforce the whistleblower provisions of the OSH Act to protect employees who report violations."

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

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

Multimedia

Videos

Image Galleries

Scenes from the World of Safety

Sights, signs & symbols from the National Safety Congress & Expo held in San Diego, CA, September 15-18

4/14/15 2:00 pm EDT

RISK-BASED SAFETY MANAGEMENT SYSTEM: Key Components for Applying Risk Tools to EHS Efforts

Join us for this webinar as we discuss how you can make effective use of risk analysis and risk management technology to guide efforts within your organization. We will distinguish between risk analysis and risk management; and identify some of the software tools that will help proactively identify, document, mitigate, and prevent high-risk events. You will learn how to improve compliance, reduce risk, and cut costs in your organization using these automated tools.

ISHN Magazine

ISHN0415_cover.jpg

2015 April

Check out ISHN's April issue, which features content about lockout-tagout, heat stress, hearing protection and more!

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 - January 2015

FDO JAN 2015 COVER

 

For 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 THE JANUARY 2015 ISSUE OF FDO HERE

STAY CONNECTED

Facebook logo Twitter YouTubeLinkedIn Google + icon

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.