The U.S. Department of Labor has reached an agreement with Donovan Salvage Works, a Delaware salvage yard company, and its owner following a federal whistleblower investigation. The investigation revealed that the company had terminated a smelter operator who had reported safety concerns.
In this case, the smelter operator had alerted his supervisor about a propane leak in the smelter, a legitimate safety concern. Instead of addressing the issue promptly, the supervisor ignored the employee’s concerns and instructed him to continue working. It was only after the employee refused to do so that the supervisor reluctantly called technicians to address the problem.
Subsequently, the employee reported the safety hazard to the Occupational Safety and Health Administration (OSHA). In response, the company decided to fire the employee in retaliation for contacting OSHA. As part of the settlement, the company agreed to pay $40,000 in back wages and damages, remove references to protected activity and negative actions from the employee’s personnel file, provide a neutral job reference, post-OSHA whistleblower information at the worksite, and provide whistleblower training to all employees.
Lessons learned from this case:
- Employers must respect and protect the rights of employees who raise safety concerns. Retaliation against employees for reporting workplace hazards not only endangers workers but also discourages others from speaking up.
- It is crucial for employers to promptly address safety concerns raised by employees. Ignoring or delaying action on such concerns can lead to hazardous situations and legal consequences.
- Employers should be aware that retaliation against whistleblowers can result in significant legal and financial consequences. This case underscores the importance of creating a workplace culture where safety concerns are taken seriously, and employees are encouraged to report hazards without fear of reprisal.
Learn more about Delaware Labor Laws through our detailed guide.
