The U.S. Department of Labor is pursuing the restoration of employment and owed wages from the manufacturer Tyler Pipe, which is accused of terminating an employee who raised concerns about safety. The lawsuit asserts Tyler Pipe Company violated the whistleblower protections established at the federal level, according to an Aug. 21 news release.
“Every worker is empowered with the right to speak up if they are concerned about their safety or that of others,” OSHA Regional Administrator Eric S. Harbin in Dallas said in the release. “Rather than fulfilling their responsibility to provide a safe and healthy workplace, Tyler Pipe Company terminated an employee who raised safety concerns and that is unacceptable.”
The DOL is alleging that the company breached federal whistleblower safeguards by terminating an employee who requested the use of a respirator for protection against smoke and fumes in the work environment. This legal action follows the department's Occupational Safety and Health Administration investigation into alleged retaliation by Tyler Pipe Company, the release reported.
The inquiry was prompted by an incident in October 2022, where the employee was reportedly fired for exercising their protected rights to request personal protective equipment, according to the release.
OSHA's Whistleblower Protection Program investigators based in Dallas found that Tyler Pipe Company violated federal whistleblower protections by terminating the employee who had exercised their rights to request necessary personal protective equipment. The department has taken the legal action by filing a complaint in the U.S. District Court for the Eastern District of Texas, the release said.
The complaint urges the court to mandate Tyler Pipe rectify the situation and provide redress to the employee for the unlawful retaliation, the release reported.
The U.S. Department of Labor remains committed to ensuring the full exercise of employee protections, and in this context, Regional Solicitor of Labor John Rainwater emphasized their intent to uphold the law to its utmost extent, according to the release.
Tyler Pipe Company, established in the mid-1930s and specializing in manufacturing pipes and related plumbing products, operates an iron foundry in Tyler, Texas, as well as a coupling and gasket manufacturing facility in Marshfield, Mo. Additionally, the company has distribution centers in California and New Jersey. As part of McWane Inc., a family-operated company headquartered in Birmingham, Ala., Tyler Pipe Company faces legal action due to the alleged violation of federal whistleblower safeguards, the release said.
