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
  • EHS Management Software Buyer's Guide

    Download this buyer's guide to make more informed decisions as you're looking for an EHS management software system for your organization.

  • Steps to Conduct a JSA

    We've put together a comprehensive step-by-step guide to help you perform a job safety analysis (JSA), which includes a pre-built, JSA checklist and template, steps of a JSA, list of potential job hazards, and an overview of hazard control hierarchy.

  • Levels of a Risk Matrix

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • 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.

  • Industry Safe
Bulwark FR Quiz

OH&S Digital Edition

  • OHS Magazine Digital Edition - March 2021

    March 2021

    Featuring:

    • EMPLOYEE TESTING
      The Impact of COVID-19 on Drug Testing
    • PROTECTIVE APPAREL
      Preparing for Unpredictable Spring Weather
    • FALL PROTECTION
      Building a Comprehensive Floor Safety Strategy
    • GAS DETECTION
      Gas Hazards and the COVID-19 Vaccine
    View This Issue