OSHA News Release - (Archived) Table of Contents|
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.
|DATE OF REPRISAL||DATE OF DECISION||WAGE
|Highland Glen Products, Inc.||Buffalo, N.Y.||Production Manager||8/18/97||10/16/97||$3,900.00 Informal Settlement Employee Notice|
|Greyhound Lines||Albany, N.Y.||Bus Driver||9/01/97||10/30/97||$243.00 Informal Predetermined Settlement OSHA Employee Poster|
|Carrier Corporation||Fairfield, N.J.||Refrigator Mechanic||7/21/97||11/6/97||$1,624.00 Vacation Restoration Informal Settlement OSHA Employee Poster|
|Fisher Scientific||Bridgewater, N.J.||Production Worker||8/3/97||11/13/97||Expunged warning letter/Informal Settlement OSHA Employee Poster|
|Testwell Graig Laboratories||Ossining, N.Y.||Senior Physical Chemist||11/10/97||12/8/97||$1,500.00 Informal Settlement OSHA Employee Poster|
|Dyno Nobel, Inc.||Port Ewen, N.Y.||Safety Manager||8/7/97||12/9/97||$8,367.00 Unilateral Informal Settlement Employee Notice|
|Eastern Roofing Inc.||Vestel, N.Y.||Roofer||08/22/97||12/12/97||$852.00 Informal Settlement OSHA Employee Poster|
|Reid Petroleum Corp.||Lockport, N.Y.||Receptionist||11/24/97||12/15/97||$156.00 Informal Settlement OSHA Employee Poster|
|Component Re-manufacturing Specialists||Mahwah, N.J.||Assembler||10/23/97||12/24/97||$262.00 Informal Settlement OSHA Employee Poster|
|Doctors Arnoff Dentist||New York City||Dental Technician||12/13/97||1/15/98||$525.00 Informal Settlement OSHA Employee Poster|
|Roth Brothers Smelting Corp.||East Syracuse, N.Y.||Fork Lift Operator||10/14/97||1/15/98||$59.70 Unalateral Informal Settlement OSHA Employee Poster|
|Arc Electric Const. Co. Inc.||New York City||Electrician||12/22/97||1/20/98||$4,000.00 Informal Settlement OSHA Employee Poster|
|OHM, Inc.||Trenton, N.J.||Equipment Operator||12/05/97||1/23/98||Informal Settlement Permanent Work Status OSHA Employee Poster|
|Uniban||New York City||File Clerk||12/16/97||2/10/98||$3,544.00 Informal Settlement OSHA Employee Poster
|Niagara Mohawk Power
|Lycoming, N.Y.||Licensed Reactor Operator||9/24/97||2/12/98||$6,000.00 Informal Settlement Reinstated to former position
|O&M, Inc.||Mantua, N.J.||Senior Technician||10/27/97||2/18/98||$3,500.00 Informal Settlement Agreement OSHA Employee Poster|
|O&M, Inc.||Mantua, N.J.||Water Treatment Operator||10/20/97||2/18/98||$6,500.00 Informal Settlement Agreement OSHA Employee Poster|
|Deming Electro Plating Corp.||Cuba, N.Y.||Production Workers||11/05/97||2/26/98||$3,696.00 Informal Settlement Notice to Employees|
|Deming Electro Plating Corp.||Cuba, N.Y.||Production Worker||11/05/97||2/26/98||$3,828.00 Informal Settlement Notice to Employees|
|Burnett Process, Inc.||Syracuse, N.Y.||Production Worker||12/3/97||3/9/98||Expunged Warning Letter Informal Settlement OSHA Employee Poster|
|Port Welding||Albany, N.Y.||Welder||2/2/98||3/12/98||$800.00 Informal Pre-determined Settlement OSHA Employee Poster|
|Kaback Enterprises||Woodbridge, N.J.||Maintenance Worker||2/26/98||3/24/98||$1,029.00 Informal Settlement OSHA Employee Poster|
|Cornell & Co.Inc.||Camden, N.J.||Shop Worker||4/1/98||4/9/98||$160.00 Reinstatement Informal Settlement OSHA Employee Poster|
|South Brooklyn Family Services||Brooklyn, N.Y.||Social Worker||2/19/98||4/14/98||Informal Settlement Expunged Warning Letter OSHA Employee Poster|
|Genesse Metal Products, Inc.||Buffalo, N.Y.||Metal Fabricator||1/22/98||4/22/98||$1,624.00 + 401K Benefits Informal Settlement Employee Poster|
|U.S. Express||Churubusco, N.Y.||Truck Driver||1/7/98||4/28/98||$3,000.00 Informal Settlement OSHA Employee Poster|
|Bellport Historical Society||Bellport, N.Y.||Handyman||1/8/98||4/29/98||$6,300.00 Informal Settlement by other parties|
|Holiday Inn||Hamburg, N.Y.||Housekeeper||3/27/98||5/1/98||$45.00 Informal Settlement OSHA Employee Poster|
|Polycel Corporation||Sommerville, N.J.||Machine Opaerator||5/15/98||6/11/98||$1,240.00 Reinstatement Informal Settlement OSHA Employee Poster|
|U.S.P.P.E & Foundry Co.||Burlington, N.J.||Local Union President||5/21/98||6/1/98||Informal Settlement Employee Notice Chilling Effect in Work Place|
|Lakewood, N.Y.||Automotive Specialist||1/10/98||6/12/98||$651.00 Informal Settlement OSHA Employee Poster|
|Saratoga Transport Inc.||Saratoga Springs, N.Y.||Truck Driver||1/23/98||6/22/98||$3,100.00 Informal Settlement Employee Poster|
|General Public Utilities||Forked River, N.J.||Security Officer||11/13/97||7/1/98||$1,420.00 Informal Settlement Agreement
|Dynamic Dental Design||Maplewood, N.J.||Dental Castor||6/5/98||7/13/98||$1,400.00 Informal Settlement OSHA Employee Poster|
|International Truck Brokerage||Bronx, N.Y.||Truck Driver||7/6/98||7/16/98||$3,126.00 Reinstated to former position Settlement Agreement OSHA Employee Poster STAA CASE|
|Fort Hudson Nursing Home, Inc.||Fort Hudson, N.Y.||Operations Manager||3/13/96||7/30/98||$136,000.00 Consent Judgment Federal Dist. Ct. Notice to Employees.|
|D&T Limousine Service, Inc.||Peeksville, N.Y.||Chauffeur||6/25/98||8/14/98||$668.00 Informal Settlement OSHA Employee Poster|
|Hurlbut Nursing Home||Rochester, N.Y.||Dietary Supervisor||2/27/98||8/26/98||Reinstatement Informal Settlement OSHA Poster|
|MTR Turbine Inc.||Rochester, N.Y.||Machine Operator||8/12/98||9/14/98||$672.00 Informal Settlement OSHA EMPLOYEE POSTER|
|Subway DBA Seantoma Ltd.||Buffalo, N.Y.||Counter Lady||6/2/98||9/23/98||$1,000.00 Informal Settlement|
|Lakeland Supply, Inc.||Tonawanda, N.Y.||Chauffer||7/28/98||9/28/98||$440.00 Informal Settlement OSHA EMPLOYEE POSTER|
|OSHA News Release - (Archived) Table of Contents|
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