More of OSHA’s ‘most interesting cases’

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CASE #3

Whistleblower case

An office worker/dispatcher for a tow truck company in Arkansas was exposed to dust, debris, paint fumes, rat droppings and dead rats during office renovations.

The employee shared this photo as an example of the unsafe working conditions.

The worker participated in several protected activities under Section 11(c) of the OSH Act. She complained about the conditions to her supervisor and asked for personal protective equipment, to no avail.

She then filed a complaint with OSHA and was fired 24 hours after agency personnel contacted the company. In response, she contacted OSHA’s Whistleblower Protection Program.

Girton, who’s authorized to settle complaints as a whistleblower investigator, got the company to agree to give the employee her job back and approximately $800 in back pay. The company also was instructed to refrain from further retaliation.

That didn’t happen. Instead, the employee was stripped of her responsibilities, made to sit at a child-sized desk and not allowed to use her personal cellphone (unlike other employees). She was also told to take notes on “general operations of the company” and give them to a supervisor, who crumpled them up in front of her and threw them away. Additionally, the employee was belittled for her appearance.

Girton said these actions are known as “constructive discharge,” or the creation of a hostile environment that pressures or coerces an employee into quitting.

Resolution: Aiding the investigation, the employee recorded all conversations on a smartwatch (Arkansas is a one-party consent state). That “mountain” of evidence allowed her to settle a lawsuit with her former employer for $50,000.