Company Sued By OSHA For Firing An Employee For Voicing Health Concerns

Miami Beach, FL -- The U.S. Department of Labor's Occupational Safety and Health Administration has sued Whole Foods Market Group Inc. after an employee was fired for voicing workplace concerns.

The worker had reported workplace health concerns regarding a raw sewage spillage at its store in Miami Beach.

The lawsuit, filed in the U.S. District Court for the Southern District of Florida, resulted from an investigation by OSHA that found the company violated the whistleblower protection provisions, by unlawfully and intentionally firing the worker from the store.

On November 2nd, 2009, the employee voiced concerns to a supervisor alerting him that a sewer line, which had ruptured on November 1st, was still spilling into the workplace including, but not limited to, the specialty cheese department and the restrooms.

The employee then called the company's anonymous tip line, since no corrective actions had been conducted by store management.

On November 5th, the worker contacted another manager expressing concern that the problem had not been corrected.

Whole foods then fired the worker on November 5th for allegedly making false and malicious statements to the effect that management had not taken any steps to redress the sewage contamination at the workplace.

OSHA is asking the federal court to remedy the situation by issuing an order that includes a permanent injunction against Whole Foods to prevent future violations of this law; reinstating the former employee with full benefits; paying back wages, punitive damages and compensatory damages to the employee; expunging the employee's personnel file with respect to the matters at issue in this case; and granting any other appropriate relief.

OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act and 20 other statutes protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, rail, maritime, health care, workplace safety and health, consumer product and food safety laws.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OHSA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

For more information, visit http://www.osha.gov.
U.S. Department of Labor