South Dakota Construction Company Sued Over Whistleblower’s Firing

The U.S. Department of Labor has filed suit against a Valley Springs, South Dakota construction contractor for the wrongful termination of an employee who reported a severe work-related injury.

An investigation by the department’s Occupational Safety and Health Administration found the employee received second- and third-degree burns from scalding water in a pressurized pipe. OSHA determined Stone Hill Excavation LLC, and its successor Split Rock Sand & Gravel, violated the whistleblower provisions of the Occupational Safety and Health Act by firing the worker two days after the injury was reported.

The department’s suit, filed in the U.S. District Court for the District of South Dakota, asks the court to hold the company and its successor liable for illegal retaliation. It also calls for the reinstatement of the employee and payment of back wages and damages, including $100,000 in punitive damages.

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of 25 whistleblower statutes protecting employees from retaliation for reporting violations of workplace airline, anti-money laundering, commercial motor carrier, consumer product, criminal antitrust, environmental, financial reform, food safety, health insurance reform, maritime, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, safety and health, securities and tax laws.

Source: U.S. Department of Labor