Gainesville, Georgia – The U.S. Department of Labor took legal action and sued a company in Lawrenceville that makes pesticides and agricultural chemicals. This happened because the business fired an employee who had complained to the department about safety and health issues.
This lawsuit was brought in front of the U.S. District Court for the Northern District of Georgia. It suggests that Avenger Products LLC and its parent company, Kittrich Corp., should compensate the worker they fired. This compensation includes paying them for lost wages, covering their financial losses, and giving them money for the emotional pain caused by losing their job. Also, the lawsuit wants to make sure the company never retaliates like this again.
“Employers are required to comply with all applicable anti-retaliation laws, including those meant to ensure worker protection when raising health and safety concerns in the workplace under the OSH Act,” said Regional Solicitor of Labor Tremelle Howard in Atlanta. “When employers retaliate against employees, the Department of Labor will not hesitate to use all enforcement tools available to stop this conduct.”
OSHA claims Avenger Products broke the law when they fired an employee for using their rights under the Occupational Safety and Health Act. The department’s investigation found that the employee was let go after they reported dangerous conditions from chemicals at work. Lily Colón, an OSHA official in Atlanta, expressed concern over how the company treated this employee and ignored warnings about chemical risks.
“The employer’s actions toward this worker and its response to concerns about the potential chemical exposure hazards to their workers are alarming,” said OSHA Assistant Regional Administrator Lily Colón in Atlanta.
“Retaliation by employers like Avenger Products against employees who exercise their protected rights under the law create a chilling effect on the willingness of other employees to cooperate with federal safety investigations. This creates a culture of fear and a workplace rife with potential dangers. No worker should fear punishment by their employer for reporting legitimate safety and health concerns, and OSHA will work to vigorously defend courageous people like this employee.”
Avenger Products LLC’s history with OSHA includes a total of 40 citations and $254,189 in proposed penalties from June 2018 to December 2019.
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees who report violations within various industries. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.
Under the Occupational Safety and Health Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.