An
OSHA whistleblower investigation has a dentist squirming in the regulatory exam
chair, so to speak. It is also a reminder that workplace safety violations
aren't the only way that dental and medical practices can run afoul of OSHA.
Citing violations of the Whistleblower Protection Act,
OSHA filed a complaint in federal court against Niles (OH) Family Dentistry,
and its owner Dr. A. Scott Santucci for allegedly "creating a hostile work
environment for two employees and forcing them to resign," according to a July 6 new OSHA news release.
The complaint alleges that Santucci harassed two employees
because he suspected them of reporting two mercury spills to OSHA on June 6,
2010, according to the release. The harassment included reducing work hours,
cursing, and threatening an employee who refused to work until the spill areas
were cleaned by personnel trained in mercury clean-up procedures, according to
OSHA.
"Failing to protect workers from known hazardous substances such
as mercury is inexcusable," said Michael Connors, OSHA's regional administrator
in Chicago. "Taking retaliatory action against employees for reporting safety
concerns is a clear violation of the law."
OSHA is seeking: (1) reinstatement of both employees' positions;
(2) payment of lost wages, benefits, interest, and punitive damages; and (3)
removal of negative comments relevant to protected activities from employment records.
OSHA also is asking the court to require the dental practice to
post a nondiscrimination notice about employees who engage in protected
activities such as reporting safety violations to OSHA.
OSHA's whistleblower responsibility includes oversight on
21 statutes that protect employees from reporting violations of federal law.