DOL Files Whistleblower Suit Against New Jersey Cabinet Maker

The U.S. Department of Labor has filed suit against Exclusive Decorators Inc., Interiors Furniture LLC, and its vice president, Garrett Ney, on behalf of an employee who was terminated in violation of the whistleblower provisions of the OSH Act (Chao v. Exclusive Decorators Inc. et. al., Civil Action Number: 08-3312). The complaint alleges the employee was terminated after complaining to the employer about the lack of ventilation in the workplace. OSHA previously had cited the employer for ventilation violations and conducted an inspection of the worksite in response to a complaint about safety and health practices.

The former employee filed a complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA investigated the complaint and determined it had merit. After being notified of OSHA's findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position of employment, and declined to pay back wages or other employment benefits.

"Every employee should be free to exercise his or her rights under the law without fear of termination or retaliation by their employers," said Robert Kulick, OSHA's regional administrator in New York. "The Labor Department is committed to protecting those rights." Filed in the U.S. District Court for the District of New Jersey, the complaint seeks to reinstate the employee; secure compensatory damages, lost back pay and punitive damages; and require the company to post a notice in a prominent place for 60 days that explains employee rights under Section 11(c) of the OSH Act.

Exclusive Decorators Inc. specializes in manufacturing and installing wood cabinets and furniture. Detailed information on employee whistleblower rights, including fact sheets, is available online at www.osha.gov/dep/oia/whistleblower/index.html.

Download Center

HTML - No Current Item Deck
  • Safety Management Software - Free Demo

    IndustrySafe Safety Software’s comprehensive suite of modules help organizations to record and manage incidents, inspections, hazards, behavior based safety observations, and much more. Improve safety with an easy to use tool for tracking, notifying and reporting on key safety data.

  • Create Flexible Safety Dashboards

    IndustrySafe’s Dashboard Module allows organizations allows you to easily create and view safety KPIs to help you make informed business decisions. Our best of breed default indicators can also save you valuable time and effort in monitoring safety metrics.

  • Schedule and Record Observations

    IndustrySafe's Observations module allows managers, supervisors, and employees to conduct observations on employees involved in safety critical behavior. IndustrySafe’s pre-built BBS checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Why Is Near Miss Reporting Important?

    A near miss is an accident that's waiting to happen. Learn how to investigate these close calls and prevent more serious incidents from occurring in the future.

  • Get the Ultimate Guide to Safety Training

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common FAQs.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - June 2019

    June 2019

    Featuring:

    • ASSP SAFETY 2019 PREVIEW
      New Orleans Networking
    • NATION SAFETY MONTH
      Heed These Summer Safety Tips
    • TRAINING
      Education, Skill Development, and Behavior Change
    • SAFETY MANAGEMENT
      What Good Looks Like
    View This Issue

Bulwark Quiz