“The settlement of this case represents a true win for an employee who was willing to risk his job to ensure workplace safety for himself and his co-workers,” said OSHA Chicago Region Administrator Kenneth Nishiyama Atha. “Commitment to workplace safety should be commended – not punished.”

The agreement between OSHA and Lucky Strike Entertainment LLC, resolves a lawsuit filed under the anti-retaliation provision of the Occupational Safety and Health Act. The lawsuit alleged the mechanic was terminated in June 2015 after filing complaints of unsafe working conditions with OSHA.

In addition to payment of back wages, Lucky Strike agreed to expunge the termination and all references to this action from the employee’s record, and to provide a neutral reference to prospective employers.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Employers are prohibited from retaliating against employees who raise concerns or provide information to their employer or the government under any of these laws. Employees who believe they are retaliated against for engaging in protected conduct may file a complaint with OSHA’s Directorate of Whistleblower Protection Programs.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.

Acosta v. Lucky Strike Entertainment LLC

Civil Action Number: 1-17-cv-09275

Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-6976, burke.rhonda@dol.gov

Release Number: 17-1682-CHI

OSHA Manual Comments: Whistleblower rules apply across all industries. Employers must know that retaliating against employees who report unsafe workplaces is a citable offense.