Judge Hammers Company for Firing Worker Where Boss Violated LOTO

摘要

ALJ Jacqueline Bulluck raised a proposed fine of $30,000 to $45,000 against a company for firing a known whistleblower after the company tried to hold the rank-and-file miner responsible for his supervisor's breach of the lock-out tag-out policy. The miner, Carlos Lopez, had worked for Sherwin Alumina, located in Gregory, Texas, as a plant maintenance mechanic since 1974, and served on the plant's safety committee. He had made numerous complaints to MSHA and to Sherwin management. He also made comments during a series of "informational meetings" in August 2011 entitled the "MSHA Threats." The meetings were held because the plant was close to being placed on PPOV status. Lopez made comments that he believed there should be more of an on-site presence of MSHA inspectors.