This one?
OSHA hits Southern Air with $400K order
The federal Occupational Safety and Health Administration has issued an order against Southern Air Inc., a cargo airline based in Norwalk, to pay more than $400,000 in lost wages, back pay, damages and legal fees to a flight crew member fired for raising safety concerns.
The unidentified employee was terminated in April 2008 for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, according to OSHA, a unit of the federal Department of Labor.
The firing came after the employee twice complained to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration rules, OSHA reported in its findings. The employee then filed a whistle-blower complaint with OSHA's Boston regional office.
The financial penalty breaks down into $300,000 for loss of career wages, $135,240 in compensatory damages, $7,395 in attorney fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment.
Southern Air, which was bought in 2007 by Oak Hill Capital Partners and merged with
Oak Hill's Cargo 360 Inc. operation, was ordered to post the FAA whistle-blower poster and an OSHA notice to employees about their whistle-blower rights. Oak Hill has its primary investment operation in Stamford.
OSHA rules prohibit the release of whistle-blowers' names, OSHA spokesman Ted Fitzgerald said.
"We cannot release the identity of complainants," he said, adding that making the name public would discourage other workers from notifying OSHA when they encounter workplace violations at their companies.
In this matter, Fitzgerald said, OSHA has not required Southern Air to re-hire the former employee.
"In some cases, employees don't want to go back. The goal is to make the employee whole," he said.
Southern Air did not return telephone calls, and Oak Hill declined to comment on the matter, but Fitzgerald said the company has appealed the OSHA decision to Department of Labor's administrative law judge panel.
Founded in 1999 by James Neff, Southern Air operates Boeing 747-200 freighter aircraft, as well as some Boeing 777 freighters, and has flight and maintenance bases around the world. One of its major customers is Korean Air Cargo.
Oak Hill's aerospace investments include Primus International Inc., a global supplier of structural components, kits and assemblies; OH Aircraft Acquisition LLC, a new aircraft leasing company; and a portfolio of aircraft on lease to airlines around the world. It was founded as the family investment office for Texas billionaire Robert Bass.
Employees are becoming more cognizant of OSHA workplace regulations and their protection, and as the agency has increased its daily penalty fees for violations, employers are more aware of workplace issues, said attorney Robert Brody, founder and a principal of Brody & Associates, a Stamford law firm that represents management in labor matters.
"Over the last five to 10 years, OSHA has become a serious concern," he said, adding that retaliation against a company by an employee and whistle blowing are comparable, but there are some differences. "In a retaliation, an employee says my rights are being violated. A whistle blower says there's a law out there and someone is violating it."
OSHA hits Southern Air with $400K order - The Advocate