Tag Archives: whistleblower act

WORKERS’ MEMORIAL DAY – APRIL 28, 2014

Workers’ Memorial Day, observed on April 28, is also the anniversary of the signing of the Occupational Safety and Health Act, (OSHA), over 4 decades ago, and has been designated as the time to remember fallen workers and surviving families, as well as to emphasize the promise of safe jobs. 

The signing of OSHA was the committment of the right to a safe workplace.  Despite this promise, and the dedication and efforts of both workers and enlightened employers, 12 workers die on-the-job every day in the United States. In fact, a total of 150 U.S. workers die each day, (more than 50, 000 workers each year) as a result of exposure to health and safety hazards on the job. 

Over the next several days there will be thousands of people participating in Workers’ Memorial Day observances throughout the U.S. in remembrance of fallen co-workers, friends, and family as they renew their commitment to making their workplaces safer. Members of the public and the survivors of victims of workplace injuries and death have been invited to attend and participate in observances, which include the reading of names of deceased and injured workers, memorial bells, candlelight vigils, and other memorial services. 

It’s a fact that safety laws and regulations don’t kill jobs – but unsafe jobs do kill workers. Our elected officials should be making sure that all workers are protected, by keeping safety standards and regulations up to date and enforced. They should also be strengthening the voice of workers to advocate on their own behalf for safer jobs, not attacking their rights to advocate effectively for themselves, their families, and all workers. 

The Whistleblower Act was written to protect workers from reporting unsafe working conditions, without repercussion. They have the right to tell their employer of any risks and hazards of their jobs that could be life-threatening, without repercussion. After a company investigation, those workers have the right to protection against discrimination, such as: reduction of pay/hours; prospect of promotion; making threats; blacklisting; demotion; denial of benefits, intimidation; fail to hire/rehire. 

Companies are required to meet all safety standards as set by OSHA. When accidents happen and there are injuries and/or casualties, OSHA will investigate. Depending on their findings, companies may have to pay large penalties for failure to comply with such standards, as well as benefits to the worker’s family. 

This Workers’ Memorial Day, the soldiers at Ft Hood, Texas, should be remembered. Although a service was held for them, they need special thoughts this day.  They were doing their job when shot by a fellow soldier. Investigations are being conducted until a cause for this tragedy is found. Remember those and any others you know or family members of someone who lost their life because of their job. 

Every worker has the right to know they will be safe at their job, and get to return home at the end of their shift.

WHEN IT COMES TO ETHICS, IT PAYS TO TELL THE TRUTH!

Twice each month I receive a  newsletter, called OSHA QuickTakes, that reports, among many other things, a list of citations and fines, explaining how companies have violated certain acts.  The fine amounts in the releases just seemed to grow, so I picked this one:

OSHA has ordered Clean Diesel Technologies Inc. to pay $1.9 million to its former chief financial officer who was fired for reporting conduct the CFO believed to be damaging to the company’s shareholders. In late March 2010, the former CFO provided information to the company’s board of directors based on a reasonable belief there was a conflict of interest involving the chair of CDTI’s board of directors. The former CFO believed that a proposed merger was detrimental to the company, critical financial information had been withheld from board members, and the conflict of interest violated internal company controls mandated by the Securities and Exchange Commission as well as the company’s own corporate code of ethics.

OSHA’s investigation found that the company violated the whistleblower provisions of the Sarbanes-Oxley Act when it wrongfully terminated the former CFO for warning the board of directors about ethical and financial concerns raised by a proposed merger.  

“OSHA plays a key role in protecting the integrity of the financial markets and the economy,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We protect those who are courageous enough to speak out, even internally, about violations of securities rules and regulations.”

 After being terminated from employment in April 2010, the former CFO filed a whistleblower complaint with OSHA one week later. OSHA’s investigation found merit to the complaint.  “This order should send a clear message to publicly traded companies that silencing those who try to do the right thing is unacceptable,” Dr. Michaels added.

As a result, OSHA has ordered CDTI,  a manufacturer and distributor of emission control systems based in Ventura, Calif., formerly headquartered in Stamford, Conn., to pay the complainant more than $486,000 in lost wages, bonuses, stock options and severance pay. In addition, the company must also pay the complainant over $1.4 million in compensatory damages for pain and suffering, damage to career and professional reputation and lost 401(k) employer matches and expenses.

The order also directs the company to post OSHA’s findings in an 8-K submission to the SEC since previous filings about the complainant’s termination and whistleblower activity had also been posted to the SEC.

The company must also expunge all files and computerized data systems of disciplinary actions related to the complainant’s termination, pay reasonable attorney’s fees and post the order and a notice to workers at all company locations and on its internal website. In addition, OSHA will inform the SEC of its findings so that it can pursue any other appropriate action. CDTI and the complainant each have 30 days from receipt of the findings to file an appeal with the department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of Sarbanes-Oxley and 21 other statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. More information is available online at http://www.whistleblowers.gov/.

Source: OSHA QuickTakes

Under the Occupational Safety and Health Act of 1970, 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.

Editor’s note: The U.S. Department of Labor does not release names of employees involved in whistle-blower complaints.

NOTE:  This news release shows that even those at the top of the company, such as a Chief Financial Offiver, or a new employee at every company, has the right to report violations of any kind, without retaliation.  It does pay to tell the truth. pb

REPORT YOUR CONCERNS ABOUT SAFETY AT WORK

This is the story of a whistleblower.  First, here’s the definition:

Noun 1. whistleblower – an informant who exposes wrongdoing within an organization in the hope of stopping it; “the law gives little protection to whistleblowers who feel the public has a right to know what is going on”; “the whistleblower was fired for exposing the conditions in mental hospitals”

informant, source – a person who supplies information
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
 
A worker for an Idaho sawmill company waits to see if he will receive a  settlement from Clearwater Paper Corporation because he raised workplace safety concerns to OSHA.  The Department of Labor is seeking $300,000 for this employee who was first suspended and later fired after OSHA conducted an inspection.  It was alleged that workers were exposed to excessive amounts of red cedar dust in one of their sawmills. That facility was closed in 2011.

The department is also seeking reinstatement of the employee (at one of the other facilities),  as well as payment of more than $300,000 in damages and fees, including back pay, compensatory damages, emotional distress damages and punitive damages.

Section 11(c) of the Occupational Safety and Health Act prohibits employers from discharging or in any manner retaliating or discriminating against any worker for exercising their rights under the Act. These rights include filing an OSHA complaint, participating in an inspection, raising a safety and health issue with the employer or the government, or any other right afforded by the OSHA law. Of the whistleblower complaints that OSHA receives every year, 11c complaints comprise the majority. For more information on 11c and the 21 other whistleblower statutes under OSHA’s jurisdiction, visit www.whistleblowers.gov.

Source: OSHA QuickTakes Newletter

Note: Many workers are very intimidated about reporting safety and health concerns, because of the fear of losing their job, and/or retaliation.  They are protected under the Whistleblower Act.  However, if the hazards of the job are not addressed and someone gets hurt or killed, those workers who were afraid to report safety violations may regret having not told someone.  Do not take that chance: report any suspicions to your supervisor, and if it is not addressed, then call an OSHA office in your area.  pb