YORK, Pa. — The U.S. Department of Labor has filed a lawsuit against a York manufacturing company alleging the company wrongly terminated an employee.
According to the lawsuit, the fired employee raised safety concerns when directed to use a ladder to move stock when they believed a forklift would be safer.
Filed in the U.S. District Court for the Middle District of Pennsylvania, the action follows an investigation by the Occupational Safety and Health Administration that determined Red Lion Controls Inc., violated the whistleblower provisions of the Occupational Safety and Health Act by firing the employee for refusing to use the ladder to complete the task.
The employee specifically reported that they could not maintain the required three points of contact to ensure ladder safety and needed to use a forklift.
Investigators also learned the company allegedly negated the employee's concerns and responded that the task could "easily" be done while on a ladder and suggested other employees were able to use a ladder to complete the task.
After the employee held firm, the company allegedly terminated them.
“Every worker deserves a safe workplace and the freedom to report unsafe conditions without the threat of retaliation,” said 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 suit asks the court to hold Red Lion Controls liable for illegal retaliation and to reinstate them to pay back wages and damages.
“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,” said Regional Solicitor of Labor Samantha Thomas in Philadelphia.
FOX43 has reached out to Red Lion Controls Inc. for a statement on the lawsuit and is currently awaiting a response.
