April 26, 2018
U.S. Department of Labor and Florida Roofing Contractor
Settle Lawsuit on Whistleblower Allegations
TAMPA, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and Jasper Contractors Inc. have reached a settlement that resolves a lawsuit filed under the anti-retaliation provisions of the Occupational Safety and Health (OSH) Act. In the settlement, Jasper Contractors - headquartered in Kennesaw, Georgia, but performing roofing work in Florida - agreed to pay an employee $48,000 in back wages and compensatory damages.
The action follows a former safety director’s allegation that the roofing company fired him after he cooperated with an OSHA investigation by providing a statement and safety documentation. 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 violating 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.
Under the OSH Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.
Civil Action Number: 8:16-cv-03508-MSS-TGW
Release Number: 18-622-ATL (82)
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