NYC Transit Authority Retaliated Against Employee for Participating in Safety Inspection, OSHA Charges

An investigation concluded that the authority's "culture must change."

A New York Public Employees Safety and Health Bureau investigation uncovered discrimination by a New York City Transit Authority supervisor against an employee for exercising his safety rights, according to OSHA.

PESH inspectors asked about the condition of a drill press during a safety inspection at the NYCTA's Linden Shop maintenance facility in Brooklyn, and Mark Ruggerio, acting general superintendent, told them it was not working. An employee stated that the press was operating and turned it on, leading to Ruggerio threatening the employee with a loss of overtime work. PESH inspectors informed Ruggerio that his behavior appeared to be retaliatory and he needed to stop, which he did not.

"The transit authority's response to this worker's actions suggests that employee safety is not its primary concern. Threatening or retaliating against even a single employee, as happened in this case, harms all employees. It can intimidate them into silence and allow hazards to flourish undetected until they injure or sicken workers. This type of culture must change," said Robert Kulick, OSHA's regional administrator in New York.

The employee filed a whistleblower complaint with OSHA, which the agency later determined had merit. As a result, OSHA has ordered the transit authority to pay the employee $48,000 in punitive damages, $2,500 in compensatory damages, expunge the complainant's employment records, and not retaliate against him in the future.

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.

  • Get the Ultimate Guide to OSHA Recordkeeping

    When it comes to OSHA recordkeeping there are always questions regarding the requirements and in and outs. IndustrySafe is here to help. We put together this page with critical information to help answer your key questions about OSHA recordkeeping.

  • Safety Training 101

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We put together a guide that’s easy to digest so you can ensure you're complying with OSHA's training standards.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • 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