labor lawAdivision of labor law center

OSHA has ordered a Connecticut air cargo carrier to withdraw a lawsuit for defamation against 9 former employees and pay them more than $7.9 million in wages, damages and legal fees.

Southern Air, Inc.  specializes in long haul, heavy-lift air freight operations using the company’s B747 fleet of cargo planes.  Based in Norwich, the company has been in operation since 1999 when it acquired the fleet of the former Southern Air Transport Company.

Southern Air filed a defamation suite against 9 former employees in Connecticut Superior Court in May 2008 after some of the workers raised safety concerns with Southern Air, OSHA and the FAA or Federal Aviation Administration. The workers were all former flight crew members and subsequently filed a whistleblower complaint with OSHA.

OSHA’s investigation found that the company’s lawsuit was filed in retaliation for the worker’s  protected activities under the whistle bower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century or AIR21.

“This order sends a strong and clear message that these and other workers have the right to raise safety issues with their employers and regulatory agencies without fear of retaliation and intimidation,” (more…)

In response to a number of fatal accidents involving cranes, OSHA announced new regulations regarding crane and derrick safety on September 18. Employers can comment on the regulations published in the Federal Register, however, OSHA reserves the right to adopt the regulations as is without further notice.

A complete copy of the new regulations is available here.

“The cranes and derricks proposed rule (more…)

 A tragic case in California illustrates exactly why federal legislators recently passed stiffer penalties for employers who fail to provide safe working conditions for workers under the age of 18.

GINA, the recently passed Genetic Information Non-disclosure Act, provides for a $50,000 fine for any employer who is found in violation of a safety regulation, resulting in the death of a worker who is a minor.

Recently, the California Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/Cal/OSHA) issued six citations in the sad death of a 17-year-old female Hispanic farm worker. Even more tragically, this death could easily have been prevented if the employer had taken a few minutes to comply with a few simple safety rules.

Maria Vasquez Jimenez died of (more…)

OSHA, the federal Occupational Safety and Health Administration, is warning employers to follow proper safety precautions in the aftermath of Hurricane Gustav, Hurricane Ike, and the related Midwest floods.

The federal agency has released several public service announcements to remind employers that they are still responsible for worker safety, even under such trying conditions as these natural disasters.

Employers should particularly be aware of the dangers of electrocution and falls from heights during the cleanup and recovery operations.

“In the wake of Hurricane Gustav, (more…)

Alaska employers are forewarned that the state Labor Commissioner is focusing on safety regulations regarding the use of cranes in the workplace.

A number of serious crane accidents in New York and across the country have prompted these changes. More recently, a crane tipped over and crushed a spectator during a building ceremony in Oklahoma. Other fatal crane accidents have taken place in Nevada, Florida and Texas in just the past few months.

The Alaska Labor Commissioner Click Bishop (more…)