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

OSHA HELPS WORKERS IN NEW YORK AND NEW JERSEY ILLEGALLY DISCIPLINED FOR FILING SAFETY COMPLAINTS; AFFECTED EMPLOYEES RECEIVE OVER $210,000 IN BACK WAGES

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.

The settlements reached in fiscal year 1998 are summarized below.

FIRM NAME LOCATION COMPLAINANT
OCCUPATION
DATE OF REPRISAL DATE OF DECISION WAGE
REMEDY
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
Reinstatement
Niagara Mohawk Power
Corp.
Lycoming, N.Y. Licensed Reactor Operator 9/24/97 2/12/98 $6,000.00 Informal Settlement Reinstated to former position
ERA CASE
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
Jim Boland
Goodyear
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
ERA CASE
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

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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