OSHA requires freighter company to reinstate whistle​-blowers and pay damages
After participating in an inspection audit at their North Carolina freight service company, four workers had their benefits revoked and were later fired from their positions.
Under the Occupational Safety and Health Act of 1970, employers must provide safe working conditions for staff. The law also contains a provision that protects whistle-blowers from negative counter-measures from employers.
According to the complaint, the employees were interviewed by the Department of Transportation's Motor Carrier Safety Administration between Feb. 28 and March 1, 2012. After the company was issued several citations from the audit, company officials retaliated with terminations, lay-offs and revoking benefits, according to a release from the Occupational Safety and Health Administration.
On Nov. 13, OSHA ordered the company to reinstate the workers and pay back wages, interest, compensatory damages of $215,657, and punitive damages in the amount of $675,000.
According to the assistant secretary of labor for occupational safety and health, participating in these inspections helps to make all vehicles safer, and the agency will not tolerate employers using intimidation tactics to undermine investigations.
Employers are not legally allowed to fire employers for speaking out during an inspection. In addition, supervisors are required to compensate employees for all time worked. Time and attendance software can help employers keep records of employee time in the event that back pay is owed.
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