A Lansing, Illinois, commercial tank trailer company has been ordered to pay a former manager more than $190,000 in back wages and damages after he was demoted and eventually forced to resign for reporting dangerous safety violations.
Polar Service Centers was the target of a US Occupational and Safety Administration investigation after a service manager reportedly was targeted by company officials for reporting to the US Transportation Department that a Polar customer was improperly certifying trailers to haul hazardous waste, according to an OSHA news release.
Whistleblower Protection
The manager, who was not identified in the new release, was suspended by Polar Service Centers in September 2013 and was later demoted and barred from speaking further with Transportation Department officials. Eventually, the manager was forced to resign from his job at Polar Service.
Now OSHA has ordered that the manager be reinstated and that he be paid $88,847 in back wages, plus $100,000 in punitive damages and another $1,700 in compensatory damages, as well as his attorneys’ fees.
Safety Concerns
The company’s actions were a clear violation of the whistleblower protections put in place to protect employees from retaliation for reporting safety violations, according to Ken Nishiyama Atha, the OSHA regional administrator for Chicago.
“Censuring a worker for complying with the law clearly violates the whistleblower provisions of the Surface Transportation Assistance Act,” Nishiyama said. “This employee did the right thing to protect others and was punished for it. OSHA’s committed to protecting the rights of America’s workers to refuse unsafe and unlawful orders from their employer.”
No Retaliation Allowed
Under whistleblower laws, company’s can’t retaliate against workers who raise concerns or provide protected information to government agencies.
Federal whistleblower laws currently protect workers in the airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities industries.
Polar Service has 30 days to appeal the findings and request a hearing before an administrative law jugdge.
National Safety Month
In other OSHA news, the agency recently announced that June is National Safety Month, which emphasizes the importance of safety both on and off the job.
The highlight of the month-long event is the National Safety Council’s SafeForLife campaign, which highlights the leading causes of death in the home, on the job, on the roads, and in our communities. Businesses and individuals are encouraged to visit the agency’s website to take the SafeAtWork pledge and access free downloadable safety materials, including posters, tip sheets, and games.