OSHA hits Southern Air with $400K order

[Omaha Steve]

http://www.stamfordadvocate.com/norwalkadvocate/business/ci_11786157

By Richard Lee
STAFF WRITER
Posted: 02/25/2009 09:50:39 PM EST

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.

FULL story at link.