A safety director who was fired after providing a statement and safety documentation to OSHA for an investigation will receive $48,000 in back wages and compensatory damages from his previous employer.
Jasper Contractors - headquartered in Kennesaw, Georgia, but performing roofing work in Florida – has agreed to the settlement with OSHA, which resolves a lawsuit filed under the anti-retaliation provisions of the Occupational Safety and Health (OSH) Act.
Terminating an employee for cooperating with an OSHA investigation violates Section 11(c) of the OSH Act.
The company and its owner, Brian Wedding, are forbidden from any more violations of provisions of Section 11(c), and will expunge the disciplinary actions from the employee’s personnel file. OSHA will provide training to this company’s employees covering their rights under Section 11(c).
“It is against the law for an employer to retaliate against an employee cooperating with an OSHA inspector. The OSH Act protects employees who exercise their right to report safety concerns and OSHA enforces those legal provisions,” said Kurt Petermeyer, OSHA Atlanta Regional Administrator.
OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.