Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website
The U.S. Department of Labor has initiated legal action against a York-based manufacturing company, Red Lion Controls Inc., alleging wrongful termination of an employee who raised safety concerns. The case was filed in the U.S. District Court for the Middle District of Pennsylvania following an investigation by the Occupational Safety and Health Administration (OSHA).
The incident arose when the employee objected to using a ladder for moving stock items, advocating instead for a forklift as a safer option. The employee cited the inability to maintain three points of contact on the ladder as per safety requirements. Despite these concerns, the company allegedly insisted that other employees could perform the task with a ladder and subsequently terminated the employee for their refusal.
Michael Rivera, OSHA Regional Administrator in Philadelphia, emphasized, "Every worker deserves a safe workplace and the freedom to report unsafe conditions without the threat of retaliation." He noted that employer retaliation undermines protections intended to ensure worker safety.
The Department's lawsuit seeks to hold Red Lion Controls accountable for alleged illegal retaliation. It demands reinstatement of the employee along with back wages and damages.
Samantha Thomas, Regional Solicitor of Labor in Philadelphia, stated, "When employees exercise their right to report unsafe workplace conditions and face any form of retaliation, we will pursue all legal remedies to ensure employees are made whole and employers do not engage in similar conduct in the future."
Red Lion Controls Inc., a subsidiary of HMS Networks AB, provides industrial information and communication technology services across various sectors including factory automation and energy industries.
OSHA's Whistleblower Protection Program enforces statutes protecting employees from retaliation when reporting violations across numerous fields such as workplace safety, environmental laws, financial reform among others. More information can be found on OSHA’s Whistleblower Protection Programs webpage.