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DOL orders two Houston contractors to reinstate workers and pay over $200,000 after OSHA finds asbestos-related retaliation

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Key takeaways

  • The U.S. Department of Labor’s OSHA investigated a whistleblower complaint involving Rise Construction LLC (owner Jivar Foty) and Niko Group LLC (owner Jessica Foty).
  • OSHA found the two employees were fired in retaliation for raising asbestos safety concerns during hotel repairs after Hurricane Beryl.
  • The agency concluded the firings were protected under the Clean Air Act, the Solid Waste Disposal Act, and the Toxic Substances Control Act.
  • OSHA ordered reinstatement of the two workers and more than $200,000 in back wages and interest, plus compensatory and punitive damages.
  • OSHA enforces 25 whistleblower statutes that protect employees who report safety, health, environmental, and other public interest violations.
  • The Department of Labor did not release the names of the employees involved in the complaint.

Follow Up Questions

What is OSHA and what does it do?Expand

OSHA (Occupational Safety and Health Administration) is the U.S. Department of Labor agency that sets and enforces workplace safety and health standards, provides training and outreach, and enforces whistleblower protections to ensure workers have safe, healthful conditions and can report violations without retaliation.

What do the Clean Air Act, Solid Waste Disposal Act, and Toxic Substances Control Act cover?Expand

The Clean Air Act regulates air pollutant emissions to protect public health and the environment; the Solid Waste Disposal Act (including RCRA) governs safe handling, treatment and disposal of solid and hazardous wastes; and the Toxic Substances Control Act (TSCA) regulates chemical substances and mixtures, including controls on certain toxic materials like asbestos.

What does it mean that the terminations were "in retaliation for making protected complaints"?Expand

It means OSHA found the firings happened because the workers made ‘‘protected’’ complaints about asbestos safety—complaints covered by federal environmental/health laws—and those complaints triggered unlawful employer retaliation; protected complaints are reports or refusals to work that the statutes shield from adverse actions.

What does "reinstatement" mean in this context and how are back wages, compensatory, and punitive damages calculated?Expand

Reinstatement means the workers must be given their former jobs (or equivalent positions). Back wages compensate lost pay and benefits from the firing date to relief payment and typically include interest; compensatory damages cover non‑economic harms (e.g., emotional distress); punitive damages punish particularly egregious conduct. OSHA/DOL calculates these using payroll records, benefit valuations, interest formulas, and applicable statutory caps and precedents; exact amounts depend on case facts and evidentiary proofs.

How can a worker file a whistleblower complaint with OSHA and what protections are available during the process?Expand

A worker can file a whistleblower complaint with OSHA online, by phone, or at a local OSHA office (no special form required). While OSHA investigates, employees are protected from retaliation under the relevant whistleblower statutes and may obtain remedies (reinstatement, back pay, damages) if retaliation is found; confidentiality and time limits (statute‑specific) apply, so complain promptly.

Can the companies appeal the Department of Labor/OSHA order, and what is the appeals process?Expand

Yes. Employers can contest OSHA’s findings and orders. Typical appeal routes include requesting a hearing before the Department of Labor’s Office of Administrative Law Judges and then appeal to the DOL Administrative Review Board; judicial review in federal court may follow. Specific procedures and deadlines are set in the whistleblower statutes and DOL rules.

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