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Labor Department sues Pennsylvania duct manufacturer for firing two employees for whistleblowing
March 8, 2016
US Labor Department sues after Pennsylvania duct manufacturer fires two employees for identifying, documenting machine hazards
Suit alleges Lloyd Industries retaliated against workers after OSHA inspects, cites company
MONTGOMERYVILLE, Pa. - On July 11, 2014, a worker at Lloyd Industries' Montgomeryville plant suffered the amputation of three fingers after a machine without safety guards crushed his hand. The company, a leading manufacturer of fire dampers and HVAC products, fired him immediately after the incident.
Four months later, OSHA received a safety complaint from the injured employee and the agency opened an inspection. On Nov. 18, 2014, five days after it began, company owner William P. Lloyd fired a worker he suspected to be a "rat" who had assisted the injured employee by providing him with pictures of the unguarded machine. In fact, the employee had taken photographs of the unguarded machine that caused the amputation, other areas of the shop and of employees operating unguarded machines. He shared those pictures with the injured man.
In May 11, 2015, the federal agency issued citations to the company with total penalties of $822,000. That day, Lloyd fired the plant's manager because he believed the manager had cooperated with OSHA and provided damaging information during the inspection.
In response, the U.S. Department of Labor filed suit against Lloyd Industries Inc., and owner William P. Lloyd on March 8, 2016, seeking to have the employees reinstated and compensated for lost wages and damages.
"Lloyd Industries has a long, unfortunate history of putting employees at risk and defying federal officials. Since 2000, approximately 40 serious injuries including lacerations, crushed, fractured, dislocated and amputated fingers have been recorded," said Richard Mendelson, OSHA regional administrator in Philadelphia. "William P. Lloyd refuses to make his company safe. Whenever someone tries, they are fired."
US Labor Department sues after Pennsylvania duct manufacturer fires two employees for identifying, documenting machine hazards
Suit alleges Lloyd Industries retaliated against workers after OSHA inspects, cites company
MONTGOMERYVILLE, Pa. - On July 11, 2014, a worker at Lloyd Industries' Montgomeryville plant suffered the amputation of three fingers after a machine without safety guards crushed his hand. The company, a leading manufacturer of fire dampers and HVAC products, fired him immediately after the incident.
Four months later, OSHA received a safety complaint from the injured employee and the agency opened an inspection. On Nov. 18, 2014, five days after it began, company owner William P. Lloyd fired a worker he suspected to be a "rat" who had assisted the injured employee by providing him with pictures of the unguarded machine. In fact, the employee had taken photographs of the unguarded machine that caused the amputation, other areas of the shop and of employees operating unguarded machines. He shared those pictures with the injured man.
In May 11, 2015, the federal agency issued citations to the company with total penalties of $822,000. That day, Lloyd fired the plant's manager because he believed the manager had cooperated with OSHA and provided damaging information during the inspection.
In response, the U.S. Department of Labor filed suit against Lloyd Industries Inc., and owner William P. Lloyd on March 8, 2016, seeking to have the employees reinstated and compensated for lost wages and damages.
"Lloyd Industries has a long, unfortunate history of putting employees at risk and defying federal officials. Since 2000, approximately 40 serious injuries including lacerations, crushed, fractured, dislocated and amputated fingers have been recorded," said Richard Mendelson, OSHA regional administrator in Philadelphia. "William P. Lloyd refuses to make his company safe. Whenever someone tries, they are fired."
March 10, 2016
Whistle-Blower Suit Defends Workers Who Assisted OSHA
By Bruce Rolfsen
brolfsen@bna.com
March 8 — A Pennsylvania manufacturing company, which already is contesting an $822,000 proposed fine, was sued March 8 by OSHA for firing two employees in alleged violation of the Occupational Safety and Health Act's whistle-blower protection provisions. ... The suit was filed against Lloyd Industries Inc., based in Montgomeryville, Pa., and its owner, William P. Lloyd. The company manufacturers building ventilation systems and fire safety equipment.
....
Inspection Found Violations
According to the complaint filed in the U.S. District Court for the Eastern District of Pennsylvania, the whistle-blower allegations are intertwined with a November 2014 inspection that led to OSHA citing Lloyd Industries for 23 alleged violations on May 11, 2015.
....
Crushed Fingers
The events directly leading to the inspection began several months before on July 11, 2014, when a worker operating a press brake that lacked machine guarding suffered three crushed fingers that later were amputated, the lawsuit says. ... Following the accident, company owner Lloyd fired the injured worker.
The injured worker filed a workers' compensation claim with the assistance of another Lloyd Industries employee who took photographs of the press brake and other unguarded machines, the lawsuit says. ... On Nov. 6, 2014, the injured worker told OSHA about the unguarded machinery, and on Nov. 13, 2014, OSHA began inspecting the plant. ... Five days after the inspection, owner Lloyd fired the worker who had taken the pictures and didn't say why, the lawsuit says. In turn, the worker filed a whistle-blower complaint with OSHA.
Whistle-Blower Suit Defends Workers Who Assisted OSHA
By Bruce Rolfsen
brolfsen@bna.com
March 8 — A Pennsylvania manufacturing company, which already is contesting an $822,000 proposed fine, was sued March 8 by OSHA for firing two employees in alleged violation of the Occupational Safety and Health Act's whistle-blower protection provisions. ... The suit was filed against Lloyd Industries Inc., based in Montgomeryville, Pa., and its owner, William P. Lloyd. The company manufacturers building ventilation systems and fire safety equipment.
....
Inspection Found Violations
According to the complaint filed in the U.S. District Court for the Eastern District of Pennsylvania, the whistle-blower allegations are intertwined with a November 2014 inspection that led to OSHA citing Lloyd Industries for 23 alleged violations on May 11, 2015.
....
Crushed Fingers
The events directly leading to the inspection began several months before on July 11, 2014, when a worker operating a press brake that lacked machine guarding suffered three crushed fingers that later were amputated, the lawsuit says. ... Following the accident, company owner Lloyd fired the injured worker.
The injured worker filed a workers' compensation claim with the assistance of another Lloyd Industries employee who took photographs of the press brake and other unguarded machines, the lawsuit says. ... On Nov. 6, 2014, the injured worker told OSHA about the unguarded machinery, and on Nov. 13, 2014, OSHA began inspecting the plant. ... Five days after the inspection, owner Lloyd fired the worker who had taken the pictures and didn't say why, the lawsuit says. In turn, the worker filed a whistle-blower complaint with OSHA.