OSHA Orders Vermont Firm to Rehire Environmental Whistleblower, Pay Damages

In early June 2022, an employee of a Vermont agricultural equipment company observed the company pumping wastewater from the facility’s service bays onto the ground bordering the Winooski River in Berlin and was concerned about the environmental implications. According to the U.S. Department of Labor (DOL), the employee reported concerns about potential harm to the river, first to supervisors and then to the state’s Department of Environmental Conservation.

According to the federal agency, shortly after, Champlain Valley Equipment fired the employee, who then filed a whistleblower complaint with DOL’s Occupational Safety and Health Administration.

After its investigation, OSHA said it determined that the company violated the whistleblower provisions of the Safe Drinking Water Act and the Federal Water Pollution Control Act and ordered Champlain Valley Equipment to reinstate the employee to their former position. The agency also ordered the company to pay the employee $45,015.72 in back wages, interest on the back wages, $50,000 in compensatory damages, $50,000 in punitive damages and the worker’s reasonable attorneys’ fees.

“The employee had a right to raise valid concerns about potential environmental harm to the Winooski River, an important water source,” said OSHA Regional Administrator Galen Blanton in Boston. “Employers who retaliate illegally against employees who engage in federally protected activities will be held accountable.”

The company and the former employee may file objections to OSHA’s findings or request a hearing with the law judges within 30 days of receiving the agency’s order. The company has not yet replied to a request for comment or whether it will appeal.

In addition to ordering payment of back wages, damages and attorneys’ fees, OSHA ordered the employer to remove any reference to how the employee exercised rights under the Safe Drinking Water Act and the Federal Water Pollution Control Act from their employment records; not retaliate or discriminate against the employee; and immediately post, in a conspicuous place, a notice to employees, signed by a responsible company official, informing them of their rights under the two environmental laws.

“Employees have the legally protected right to raise safety, health and environmental concerns without fear of retaliation, interference, termination or other prohibited actions by their employer. OSHA will rigorously investigate such complaints and secure appropriate remedies when necessary,” explained Kristen Rubino, OSHA assistant administrator in Boston.

Champlain Valley Equipment sells and services farm, lawn and garden and light construction equipment throughout Vermont with locations in Berlin, Derby, Essex, Middlebury and St. Albans.

OSHA enforces the whistleblower provisions of the Safe Drinking Water Act and the Federal Water Pollution Control Act and more than 20 other statutes protecting employees who report violations of various laws.

Topics Workers' Compensation Pollution Vermont