OSHA Files Whistleblower Suit Against Colorado Medical Clinic

An employee had complained about safety and health hazards to the clinic's management staff before filing a formal complaint about the hazards with OSHA. The employee was later discharged and then filed a whistleblower complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act.

OSHA has filed a lawsuit against the Brighton Medical Clinic in Brighton, Colo., and its owner, Luithuk Zimik, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health Act.

The employee had complained about safety and health hazards to the clinic's management staff before filing a formal complaint about the hazards with OSHA. The employee was later discharged and then filed a whistleblower complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA's Whistleblower Protection Program conducted an investigation and determined the former employee's allegations had merit. After being notified of OSHA's findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position and to pay back wages or other employment benefits.

Filed in the U.S. District Court for the District of Colorado, the complaint seeks to reinstate the employee, secure compensatory damages and lost back pay, and require the company to post a notice in a prominent place at the worksite for 60 days that explains employee rights under Section 11(c) of the OSH Act.

"Employees should be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Gregory Baxter, OSHA's regional administrator in Denver. "This lawsuit underscores the Labor Department's commitment to vigorously take action to protect those rights."

Download Center

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

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Comply with OSHA’s Electronic Recordkeeping Requirements

    Collect relevant incident data and generate accurate OSHA 300, 300A, and 301 regulatory reports, including 300A CSV files for easy electronic submission to OSHA.

  • Complete Online Safety Training Courses

    Deliver state-of-the art, online safety training courses to your organization with IndustrySafe Training Management Software. Generate reports to track training compliance and automatically notify learners of upcoming or overdue classes.

  • Easy to Use Safety Inspection App

    Conduct inspections on the go with IndustrySafe’s mobile app. Complete safety audits at job sites and remote locations—with or without web access.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Industry Safe
comments powered by Disqus