Dive Brief:
- Dallas-based New Mount Zion Baptist Church violated the Food Safety Modernization Act’s whistleblower provision when it fired a worker for reporting unsanitary conditions, the Occupational Safety and Health Administration said March 16.
- The worker, a nutrition specialist, reported seeing spiders, insects and rats inside the church’s childcare facility, specifically in the kitchen, cafeteria and front foyer areas, according to OSHA. He also reported a broken air conditioning system, which could further compromise food safety. The worker eventually reported these conditions to the Dallas County Health Department, after which the church allegedly convened a special board meeting and voted to fire him.
- In its investigation summary, OSHA ordered the church to reinstate the worker to his former position and pay him more than $11,000 in back pay, plus an additional $20,000 in damages. The church must also provide all employees with a copy of the OSHA’s fact sheet about its whistleblower protection program.
Dive Insight:
Through its whistleblower protection program, OSHA protects employees from retaliation for raising and reporting a wide variety of concerns related to workplace health and safety. The worker in this case was protected under the Food Safety Modernization Act, a 12-year-old law intended to help prevent foodborne illness.
OSHA’s whistleblower protection program addresses a broad range of issues, including laws related to food, motor vehicles, pipelines, aviation, public transportation, maritime, antitrust and more. In January, OSHA found American Airlines had retaliated against flight attendants who reported worker illnesses caused by jet fuel fumes seeping into the aircraft cabin. And in October, the agency found ExxonMobil had retaliated against two workers who raised concerns that the company’s assumptions about drill speed projections were inaccurate.
Now that OSHA has finalized its investigation, New Mount Zion Baptist Church may request a full hearing in front of a U.S. Department of Labor administrative law judge, according to an agency fact sheet; that judge’s decision may also be appealed, if the church chooses.
New Mount Zion Baptist Church did not respond to a request for comment by press time.
