Former Miner's Settlement Includes $6,000 in Back Wages

The employee wanted back wages after allegedly being fired for filing a safety complaint against his employer.

Based in Maine, Ferraiolo Construction Inc.—which operates the Portable Pioneer Plant—will have to compensate a former worker as part of a lawsuit settlement, according to MSHA. The former employee filed a complaint with MSHA in 2011 suggesting that his employment was terminated because he filed safety complaints.

In addition to paying the fines to the former employee, the company has to take corrective action. The man filed several complaints against that the stone-crushing plant, and MSHA's investigation "found that the complainant had engaged in protected activity when he alerted the company about unresolved safety problems," according to MSHA.

Section 105(c) of the Federal Mine Safety and Health Act of 1977 states that representatives and applicants for employment are protected from retaliation for engaging in safety-related activities (such as identifying hazards or contacting MSHA). Because his employment was terminated, the former employee asked for back wages and remedies. As part of the settlement, the company will pay him $6,000.

For more information, visit http://www.msha.gov/MEDIA/PRESS/2013/NR131203.asp.

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  • OHS Magazine Digital Edition - January 2019

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