On October 23, 2013, the United States Department of Labor, Occupational Safety and Health Administration, through Secretary of Labor Thomas E. Perez, filed a lawsuit against Clearwater Paper Corporation on behalf of a former employee of the company in the United States District Court for the District of Idaho.
According to the Complaint, Clearwater Paper Corporation operates a wood mill in Lewiston, Idaho, at which the former employee worked. The former employee, Anthony Tenny, began working for Clearwater Paper Corporation in in 2004. He was discharged on June 25, 2010. During his employment with Clearwater Paper Corporation, Mr. Tenny repeatedly expressed concern to the company that its employees were being exposed to excessive amounts of red cedar dust. Mr. Tenny also expressed concern to Clearwater Paper Corporation about the health affects of this exposure on the company’s employees.
Mr. Tenny’s concerns went unheeded, and in May 2010, he contacted the Occupational Safety and Health Administration (“OSHA”) about his concerns. As a result of Mr. Tenny’s complaint to OSHA, it inspected the Clearwater Paper Corporation’s facilities in Lewiston. Approximately one month later, Mr. Tenny was reprimanded and then terminated four days later.
One June 29, 2010, four days after his termination, Mr. Tenny filed a whistleblower complaint with OSHA. OSHA investigated the complaint and determined that Clearwater Paper Corporation had violated the Occupational Safety and Health Act of 1970. It determined that Clearwater Paper Corporation retaliated against Mr. Tenny for reporting his safety and health concerns to OSHA.
The Complaint seeks in injunction against Clearwater Paper Corporation from engaging in further violations of the Occupational Safety and Health Act of 1970; damages to Mr. Tenny for lost wages and compensatory and exemplary damages; reinstatement of Mr. Tenny; and the posting of appropriate notices informing its employees of their rights under the Occupational Safety and Health Act of 1970. The total damages sought are in excess of $300,000.00.
OSHA is responsible for administering twenty-one federal whistleblower protection laws. These include: the Asbestos Hazard Emergency Response Act; the Clean Air Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Consumer Financial Protection Act of 2010; the Consumer Product Safety Improvement Act; the Energy Reorganization Act; the Federal Railroad Safety Act; the Federal Water Pollution Control Act; the International Safe Container Act; the Moving Ahead for Progress in the 21st Century Act; the National Transit Systems Security Act; the Occupational Safety and Health Act; the Pipeline Safety Improvement Act; the Safe Drinking Water Act; the Sarbanes-Oxley Act; the Seaman’s Protection Act; portions of the Food Safety Modernization Act; portions of the Affordable Care Act; the Solid Waste Disposal Act; the Surface Transportation Assistance Act; the Toxic Substances Control Act; and the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
If you are a federal employee and have been terminated or otherwise suffered adverse action because you raised concerns about the illegality or impropriety of your employer’s actions, Barrett Law, PLLC can help. Please be aware that there are relatively short and absolute deadlines for filing complaints with OSHA regarding whistleblowing allegations. As such, if you have suffered such an action, please contact us immediately to set up a consultation. We have a history of helping to protect the rights of whistleblowers, and stand ready to help you. To find out more about your legal rights, contact us today at (601) 790-1505.
