In this series, the concept of and need for whistleblowers will be explored along with historical and present-day cases. In this part one, the concept of whistleblowers, OSHA’s language regarding them and types of whistleblower reports are explored.
Employees should not be afraid to report workplace injuries or hazardous conditions. The Occupational Safety and Health Act prohibits employer retaliation against employees who report workplace violations or file work injury claims. OSHA regulations mandate workplace safety for all employees.
Company found guilty of retaliation, ordered to pay
December 23, 2019
A whistleblower investigation by the OSHA has found that Bouchard Transportation Company Inc., B. No. 272 Corp – a petroleum barge company based in Melville, New York – and its officers violated the whistleblower protection provisions of the Seaman’s Protection Act (SPA) when it retaliated against a seaman who cooperated with U.S. Coast Guard (USCG).
The termination of two employees who participated in an OSHA investigation into a workplace injury has resulted in a federal judge ordering their former employee to pay them $1,047,399 in lost wages and punitive damages.
The case began with a workplace incident in which one of the employees' co-workers suffered the amputation of three fingers.
Five years of legal wrangling following a workplace amputation – in which retaliation, intrigue and secret photos played a part – ended recently with a decision by a federal jury in Pennsylvania. The jury in the U.S. District Court for the Eastern District of Pennsylvania found that Lloyd Industries Inc. and its owner, William P. Lloyd, unlawfully fired two employees because of their involvement in an OSHA investigation.
OSHA has filed a lawsuit against a Boston, Massachusetts-based contractor, alleging that the company retaliated against an injured employee by facilitating his arrest.
The complaint filed last month with the U.S. District Court for the District of Massachusetts against Tara Construction Inc. and its chief executive officer, Pedro Pirez, states that the worker sustained a serious injury when he fell from a ladder on March 29, 2017. He reported his injury to his employers. OSHA found out about the fall and investigated.