A
company that operates a stone crushing plant in Maine will provide compensation
to a former employee and take other corrective action to resolve a lawsuit
filed by the U.S. Department of Labor. The stone crushing plant, which produces
gravel for the public and cement mills, operates under MSHA’s jurisdiction. The
lawsuit was brought before the Federal Mine Safety and Health Review
Commission.
In
2011, a general laborer filed a complaint alleging that the company had
terminated his employment in retaliation for making safety complaints. MSHA’s
investigation concluded that the laborer had engaged in a protected activity
when he alerted the company about unresolved safety problems.
For
example, the laborer refused to turn on the plant’s generator until the
required safety guards had been installed and called MSHA to report the
company’s failure to install the guards. The laborer alleged that this type of
activity resulted in his termination.
In
December of 2013, a settlement was approved that requires the company to pay
$6,000 in back wages to the former employee, along with a $10,000 fine to MSHA.
Also, the company has to post a notice at the workplace that outlines the
employees’ whistleblower rights.
Under
Section 105(c) of the Federal Mine Safety and Health Act, a miner who refuses
to work in unsafe conditions or identifies hazards is protected from
retaliation. Keep in mind that all persons working in a mine, including
contractors, construction and demolition workers, are considered “miners”
entitled to exercise whistleblower rights. MSHA further warns that
whistleblowers should not be in fear of discrimination or retaliation because such
intimidation can cause employees to remain silent about hazards.
More
information on a miner’s rights and responsibilities under the Federal Mine
Safety and Health Act is available on MSHA’s website:
No comments:
Post a Comment