The U.S. Department of Labor yesterday announced a lawsuit the agency filed against a York, Pennsylvania, manufacturing company following allegations that the company fired an employee who raised safety concerns. The worker was directed to use a ladder to move stock items when they believed a forklift would be safer.
An OSHA investigation determined Red Lion Controls violated the whistleblower provisions of the Occupational Safety and Health Act by firing the employee for refusing to use a ladder to complete the task.
Specifically, the employee reported that they could not maintain the required three points of contact to ensure ladder safety and needed to use a forklift. Investigators also learned the company negated the employee’s concerns and responded that the task could “easily” be done while on a ladder and suggested other employees were able to use a ladder to complete the task. After the employee held firm, the company terminated them.
In a statement, OSHA Regional Administrator Michael Rivera said, “Every worker deserves a safe workplace and the freedom to report unsafe conditions without the threat of retaliation.” Rivera noted that retaliation or termination for speaking up about hazards is not only unlawful but undermines the protections meant to keep workers safe.
The department’s suit asks the court to hold Red Lion Controls liable for illegal retaliation, and to reinstate them and pay back wages and damages.
Red Lion is a subsidiary of HMS Networks AB, and provides industrial information and communication technology in the factory automation, alternative energy, oil and gas, power and utilities, transportation, water and wastewater industries.
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of 25 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety laws.