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Roofer settles OSHA suit over retaliation claim

Posted On: Apr. 27, 2018 2:12 PM CST

Roofer settles OSHA suit over retaliation claim

The U.S. Occupational Safety and Health Administration and a Georgia roofing contractor have settled a lawsuit over the company’s alleged violation of the anti-retaliation provisions of the Occupational Safety and Health Act.

In the settlement, Kennesaw, Georgia-based Jasper Contractors Inc., which was performing roofing work in Florida, agreed to pay an employee $48,000 in back wages and compensatory damages, according to a statement issued by the agency on Thursday.

A former safety director alleged that the roofing company fired him after he cooperated with an OSHA investigation by providing a statement and safety documentation. Terminating an employee for cooperating with an OSHA investigation violates Section 11(c) of the OSH Act, according to the agency.

The company and its owner, Brian Wedding, are forbidden from violating provisions of Section 11(c), and will expunge the disciplinary actions from the employee’s personnel file. OSHA will provide training to this company’s employees covering their rights under Section 11(c).

“It is against the law for an employer to retaliate against an employee cooperating with an OSHA inspector,” said Kurt Petermeyer, OSHA Atlanta Regional Administrator, said in a statement. “The OSH Act protects employees who exercise their right to report safety concerns and OSHA enforces those legal provisions.”

A company spokesperson could not be immediately reached for comment.