DOL Initiates Suit Against Ohio Bell for Reputed OSHA Violations

Author: Ashley Shaw, XpertHR Legal Editor

February 24, 2014

The Ohio Bell Telephone Company, operating as AT&T, could learn the hard way that it is not okay to retaliate against workers who report health and safety violations in the workplace. The Department of Labor (DOL) has filed a suit against the employer after 13 workers were suspended shortly after reporting workplace safety violations.

The Occupational Safety and Health Administration (OSHA) enforces 22 whistleblower statutes, including their own health and safety whistleblower provision. OSHA requires employers to provide workers with a safe and healthy workplace. Through its whistleblower protection statute, it allows workers to report violations of its standards and provide relevant information to the employer or government without fear of retaliation.

Ohio Bell allegedly violated OSHA's whistleblower provision when it suspended 13 workers after they reported injuries that had occurred in the workplace. The workers were all suspended for one to three days for the 13 separate incidences occurring around the state between the years 2011-2013.

The employer claims that the workers were suspended when they violated portions of the workplace safety policy. However, because the suspensions came shortly after the workers filed complaints, OSHA has expressed doubts as to the validity of this claim.

Now, Ohio Bell will have to provide evidence discrediting the civil claim. A good way to do this would be by producing well-documented disciplinary measures.

Employers can learn from this case no matter which way it turns out: (i) Do not retaliate against workers for protected activities, and (ii) Fully document the reasons for any disciplinary measures taken against an employee in case supporting evidence is needed in an investigation or suit.