Texas whistleblower protected under OSHA
31 January 2011Two US companies have paid damages to an instrument fitter fired for raising safety concerns over unsafe lifting operations on a site in Franklin, Texas, after US regulator OSHA supported his claim to be a legitimate whistleblower.
After making several complaints about site safety to Fluor Corporation, the general contractor on site, along with subcontractor MMR Contractors, the worker was fired from the construction site at the Oak Grove Power Plant.
Both firms claimed the employee was fired for disruptive behaviour, however the instrument fitter maintained that the manner in which lifts were undertaken left workers vulnerable to being struck or crushed by the crane’s load overhead.
After an OSHA investigation confirmed the worker’s statement, OSHA supported the claim that the employee had acted reasonably under the “leeway doctrine” of the US Occupational Safety and Health Act.
Neither Fluor Corporation nor MMR Contractors disputed the decision, and both parties agreed to an out of court settlement through the Department of Labor’s regional Solicitor’s Office in Dallas.
The unnamed employee will receive $17,500 in back paid wages, and have all references to his termination removed from his employment record.
OSHA’s acting regional administrator in Dallas, William Burke, said: “Employees must be free to exercise their rights under the law without fear of termination or retaliation by their employers. This settlement underscores the Labor Department’s commitment to vigourously protect these rights.”
