2 OSHA whistleblower orders in 3 days, 1 of them huge
April 14, 2009 by Fred HosierPosted in: In this week's e-newsletter, Latest News & Views, OSHA news, Transportation safety, whistleblower
PDF OSHA seems to be sending a message to employers via two recent whistleblower orders: When employees raise safety concerns, listen.
In the first case, OSHA has ordered Southern Air, Inc., of Norwalk, CT, to pay nine former employees more than $7.9 million in wages, damages and legal fees. The air cargo carrier must also withdraw a lawsuit against the former workers.
After some of the workers raised safety concerns about the company, Southern Air filed a defamation lawsuit against them.
An OSHA investigation found the company’s lawsuit was filed in retaliation against the workers.
Southern must pay the employees $6.0 million in lost future earnings, $1.8 million in compensatory damages and $129,000 in legal fees.
In the second case, announced just three days later, OSHA ordered United Parcel Service (UPS) to immediately rehire, pay back wages, benefits, compensatory damages and $50,000 in punitive damages to a former San Francisco-area driver.
OSHA says the driver was wrongfully terminated after he refused to drive after raising safety concerns because of bad weather and visibility issues.
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Tags: employees raise safety concerns, Southern Air, UPS, whistleblower
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April 16th, 2009 at 9:25 pm
My question is what was the weather like in the UPS case? was it just raining and wet. Or was it foggy, and or terrental downpours? Was he delivering in mountainous terrain? If none of the above, I would say that he was not a performer. But then I was not there either.
Now the airline case. Thats cut and dry. What the a bunch of morons.
April 20th, 2009 at 1:44 pm
If you’re not going to deliver in heavy fog or on steep hills when it’s wet, then you’re not going to deliver in San Francisco. The refusal to drive must have been for unusual conditions for OSHA to rule in the driver’s favor.
April 20th, 2009 at 4:30 pm
You would think that UPS has come across such an incident before and knew better. I thought they had a strong safety program? Conditions had to be bad because they usually drive in all types of weather.
May 1st, 2009 at 9:45 am
The UPS driver is probably a wimp or inept at driving! The airline probably got wind of the OSHA complaint and preemptively filed the lawsuit against the employees. What a bunch of cry babies we have become in this nation…….Please, big brother come save us from these horrible employers who dare to make us work hard for a living. Waa waa waa!
June 22nd, 2009 at 12:32 pm
I wonder if the UPS Driver had prior documented occurrences of non-performance; or if this was the first time he refused to perform his responsibilities? It might be wise for UPS to put into place an escalted discipline policy!