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Tuesday, February 24, 2009
OSHA Orders Air Carrier To Pay $400,000 To Employee
OSHA orders Connecticut-based air carrier to pay more than $400,000 to employee terminated for raising safety concerns.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
Labels: OSHA, OSHA Fines
posted by Steve Hudgik |
Workplace Safety Post 3 Comments |
3 Comments:
This is an important step in the right direction. There are more complaints under investigation by OSHA which should be concluded shortly.
Yes there is much more to the story. This airline is suing ten former employees for millions of dollars for reporting serious safety violations to federal authorities in an attempt intimidate them into dropping their complaints. Two of the ten had dropped their complaints, but the company only withdrew their lawsuit for one of them.
This is an outrage!!!! Where was the FAA in all this. Its bad when an outside agency has to step in and take charge. The tax payers are paying the FAA for what?
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