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Real estate industry

OSHA Sues CMM Realty Inc. for Firing Employee Who Voiced Concerns Over Asbestos Exposure

Strategic Insights

— 2 min read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has filed a lawsuit against CMM Realty Inc. for allegedly terminating an employee who reported potential asbestos exposure at one of the company's worksites. The lawsuit alleges that the company violated the Occupational Safety and Health Act and seeks reinstatement, back pay, and compensatory damages for the former employee. OSHA has a long history of protecting America's workforce and ensuring that employees have a voice about the safety of their work environment.

Key Takeaways:

  • The lawsuit was filed in the U.S. District Court for the District of South Carolina, Columbia Division, and alleges that CMM Realty Inc. violated the Occupational Safety and Health Act by terminating the employee's employment.
  • The employee voiced concerns to the owner of CMM Realty concerning asbestos exposure at the company's Briargate Condominiums on May 13, 2009.
  • The employee filed complaints with the South Carolina Occupational Safety and Health Administration and the South Carolina Department of Health and Environmental Conservations on May 14, 2009, and received citations for violating asbestos control standards.
  • The employee was fired by the company on May 18, 2009, and filed a whistleblower complaint with OSHA in June 2009.
  • OSHA conducted an investigation and found that CMM Realty Inc. had terminated the employee's employment for reporting concerns about asbestos exposure and filing complaints with state agencies.
  • The company was ordered to reinstate the whistleblower and pay $56,222 in compensatory damages and back wages in November 2010, but appealed the order.
  • OSHA is now suing the company in federal court for violating Section 11(c) of the OSH Act, which forbids companies from discriminating against an employee for filing a complaint.
  • Employers found in violation of whistleblower protection laws will be held accountable and prosecuted to the fullest extent of the law, according to OSHA.

Statistics:

  • The employee was awarded $56,222 in compensatory damages and back wages in November 2010, which continue to accumulate while he is out of work.
  • OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act, as well as 20 other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations; and consumer product safety laws.
  • In 2010, OSHA ordered CMM Realty Inc. to reinstate the whistleblower and pay $56,222 in compensatory damages and back wages.
  • Since 2009, OSHA has investigated and found numerous cases of retaliation against employees who reported workplace safety concerns, including asbestos exposure.

Sources:

  • Occupational Safety and Health Administration (OSHA)
  • U.S. Department of Labor
  • Solis v. CMM Realty Inc. Civil Action File Number 3:11-11435-CMC
  • http://www.whistleblowers.gov
  • http://www.osha.gov

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