A Georgia-based pesticide and agricultural chemical manufacturer is in hot water with OSHA for allegedly terminating a whistleblower.
OSHA filed a complaint in the U.S. District Court for the Northern District of Georgia proposing that Avenger Products LLC and its parent company, Kittrich Corp., pay a customer service manager back pay and damages for retaliating against them for discussing safety concerns.
Specifically, the agency wants the court to pay the customer service manager:
- back pay
- compensatory and punitive damages to address lost wages, and
- other financial losses and emotional distress related to the termination.
The company would also be permanently forbidden by the court from performing future retaliation.
Company has history of OSHA violations
An OSHA whistleblower investigation revealed that the company terminated the manager after they made complaints regarding safety hazards associated with chemical exposures in the workplace. Avenger Products has a history of OSHA violations with 40 citations and $254,189 in proposed fines from June 2018 through December 2019.
“The employer’s actions toward this worker and its response to concerns about the potential chemical exposure hazards to their workers are alarming,” OSHA Assistant Regional Administrator Lily Colón said. “Retaliation by employers like Avenger Products against employees who exercise their protected rights under the law create a chilling effect on the willingness of other employees to cooperate with federal safety investigations. This creates a culture of fear and a workplace rife with potential dangers. No worker should fear punishment by their employer for reporting legitimate safety and health concerns, and OSHA will work to vigorously defend courageous people like this employee.”