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Region 2 News Release: NY 225
Tuesday, December 8, 1998
Contact: Chester J. Fultz (212)337-2319

Forty-one workers in New York and New Jersey, who reported workplace hazards and were discharged or otherwise penalized as a result, reached settlements with their employers in fiscal year 1998 (September 30, 1997 to October 1, 1998), the U. S. Department of Labor announced today.

Under the terms of settlement agreements reached between employers and the U. S. Labor Department's Occupational Safety and Health Administration (OSHA), the 41 workers received a total of $211,231 in back wages. Other remedies included reinstatement, restoration of vacations and 401K benefits, informal negotiated settlements between the complainants and their employers, and the requirement that employers display posters on the rights of employees.

The companies were cited for violation of OSHA regulations that prohibit discharging or otherwise discriminating against any employee because he or she has filed a complaint or reported unsafe working conditions. The damage amounts represent wages lost from the date of discharge until the date of settlement.

According to Patricia K. Clark, OSHA regional administrator, OSHA's emphasis was on timely help for the employee. "The great majority of these cases were resolved quickly--many in less than a month. The intent of OSHA's whistleblower regulations is that workers must not be penalized for doing the right thing and speaking out about workplace safety hazards."

Workers who have been discriminated against for exercising their right to report unsafe conditions or other protections provided by the Occupational Safety and Health Act must contact an OSHA office within 30 days of the time they learn of an alleged discriminatory action taken against them. Truckers, mechanics, and others involved in interstate trucking have 180 days under provisions of the Surface Transportation Assistance Act.

If the complaint is timely and appears to have merit, OSHA investigates it, ordering reinstatement or other remedies if an investigation confirms the allegations made in a complaint. Under the Surface Transportation Assistance Act, either party can file an objection to OSHA's findings. The matter is then decided by an administrative law judge; a final order is issued by the Secretary of Labor.