The U.S. Department of Labor has initiated legal action against the U.S. Postal Service and two of its managers for allegedly terminating a contracted employee who raised safety concerns regarding loading dock equipment at the Charleroi Post Office in Pennsylvania.
This lawsuit, filed in the U.S. District Court for the Western District of Pennsylvania, follows an investigation by the Occupational Safety and Health Administration (OSHA). The investigation concluded that the U.S. Postal Service breached whistleblower provisions of the Occupational Safety and Health Act by dismissing a worker who refused to unload bulk mail due to a malfunctioning loading dock lift at its Pittsburgh sorting facility.
According to OSHA investigators, the employee—working for Red Diamond Trucking Co. Inc., a company based in Mc Kees Rocks, Pennsylvania, and contracted by USPS—was unable to use small hampers to safely transport mail because of the broken lift, which had previously almost caused injury.
Despite being aware of these unsafe conditions, when the worker requested permission to use smaller hampers for transferring mail, USPS employees accused them of refusing to handle mail. Subsequently, they confiscated the worker's badge, preventing further work on the USPS contract. The employee reported feeling embarrassed and humiliated after being confronted by others and USPS Police at the facility.
"Every worker deserves a safe workplace and the freedom to report unsafe conditions without the threat of retaliation," stated OSHA Regional Administrator Michael Rivera in Philadelphia. "Employers must understand that retaliation or termination for speaking up about hazards is not only unlawful but undermines the protections meant to keep workers safe."
The Department's lawsuit seeks court intervention to hold USPS accountable for alleged illegal retaliation and demands payment of back wages and damages.
"When employers retaliate against workers who exercise their right to report unsafe workplace conditions, we will pursue all legal remedies to make sure those employees are made whole and ensure that employers do not engage in this conduct in the future," commented Regional Solicitor of Labor Samantha Thomas in Philadelphia.
OSHA’s Whistleblower Protection Program enforces provisions from 25 statutes designed to protect employees from retaliation when reporting violations across various sectors including workplace safety, environmental laws, financial reform, food safety, and more. For further information on whistleblower protections, individuals can visit OSHA’s Whistleblower Protection Programs webpage.
Editor's note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
