Construction site where pipeline is being installed

Pipeline Inspector Reinstated After Retaliation Filing

OSHA orders a New Mexico firm to pay over $35,000 in damages after an inspector was fired for reporting safety violations.

Federal investigators found that a New Mexico-based inspection company had wrongfully terminated an employee who raised safety concerns during a natural gas pipeline installation in Oklahoma.

The U.S. Department of Labor’s OSHA determined that Legacy Energy and Distribution LLC violated whistleblower protections when it fired an inspector at a Watonga, Oklahoma, worksite.

The inspector had invoked “stop work authority” after observing a construction crew installing a pipeline in a manner that allegedly bypassed federal regulations. To verify the safety risks, the inspector contacted an independent testing company. Although Legacy later confirmed the safety concerns were valid, the firm terminated the inspector, citing a failure to follow the chain of command and a failure to complete a probationary period.

OSHA’s investigation concluded the termination was direct retaliation for activities protected under the Pipeline Safety Improvement Act. This federal statute prohibits employers from firing or discriminating against workers who report violations related to pipeline safety and security.

As a result of the findings, OSHA ordered Legacy to reinstate the inspector to their former position. The company must also pay more than $35,000, a figure that includes back wages, interest and compensatory damages.

OSHA’s Whistleblower Protection Program currently enforces provisions for more than 20 statutes, ranging from workplace health and safety to environmental and motor vehicle regulations.

About the Author

Jesse Jacobs is assistant editor of OHSOnline.com.

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