Illegal activities of Southern Bosses for the weeks between Friday, July 19, and Friday, July 26
Florida Endangerers
For the second time in five years, the U.S. Department of Labor has found a Winter Haven contractor allowed employees to do roof work without adequate protection exposing workers to falls, one of the construction industry’s deadliest hazards.
The department’s Occupational Safety and Health Administration inspection found that at an Ave Maria residential jobsite in January 2024, Carpenter Contractors of America Inc. willfully exposed employees to a 32-foot fall hazard as they did not require fall protection equipment for employees securing trusses and roof facia. OSHA has proposed $161,323 in penalties.
“Falls from elevation kill more construction workers than any other industry hazards and yet, far too often, we find employers exposing their employees to debilitating injuries or worse,” explained OSHA Area Director Condell Eastmond in Fort Lauderdale, Florida. “A commitment to safety must be much more than a phrase on a company’s website, it must involve changing the workplace safety culture. Safety harnesses and other types of fall protection can be the difference between a worker ending the shift safely or being rushed to a hospital.”
The employer has locations in Belvidere, Illinois; Fayetteville, North Carolina; and three locations in Florida in Fort Myers, Pompano Beach and Winter Haven.
Employers can get free consultation from OSHA or free information to assist in developing their safety plans, including steps to prevent falls that can result in dangerous and even fatal incidents.
“Workers have a right to a safe workplace, and employers must take all necessary steps to protect them, including identifying and eliminating hazards commonly associated with their industry. If they fail to do so, they can expect hefty fines like the one assessed in this investigation,” added Eastmond.
Texas Thieves
The U.S. Department of Labor has filed suit asking a federal court to require the owner and operator of three popular north Houston-area restaurants in Tomball and Spring – that allegedly used a portion of employees’ tips for business expenses, including condiments and takeout packaging – to pay back wages and damages to the affected workers.
The allegations stem from investigations by the department’s Wage and Hour Division that found Tejas Chocolate LLC and Tejas Dragon Companies LLC collected the employees’ tips to distribute among them; however, the employer diverted some of the tips for business purposes in violation of the Fair Labor Standards Act. By law, tips are the property of those who earn them, and cannot be used to pay business expenses.
Filed by the department’s Office of the Solicitor, the suit seeks back wages and an equal amount in liquidated damages for current and former employees of two locations of Tejas Chocolate & Barbecue, operated by Tejas Chocolate LLC, and Tejas Burger Joint, operated by Tejas Dragon Companies LLC, from May 2021 to May 2023 and beyond if the division finds the employer continued to use employees’ tips improperly.
“When it comes to workers’ tips, the law is crystal clear: tips are the property of the workers who earn them,” explained Regional Wage and Hour Administrator Betty Campbell in Dallas. “The owner and operator of Tejas Chocolate & Barbecue and Tejas Burger Joint willfully deprived employees of all their hard-earned tips and used their money to illegally benefit their businesses.”
The department filed its lawsuit on July 19, 2024, in the U.S. District Court for the Southern District of Texas, Houston Division.
“The Department of Labor is determined to protect the rights of all workers when their employers shortchange them for any reason and will use all legal means necessary,” said Regional Solicitor of Labor John Rainwater in Dallas. “The operator of these businesses directly violated the law, denying employees all the tips left by their customers to recognize their good service.”
Miner Dangers
The U.S. Department of Labor announced today that its Mine Safety and Health Administration has released results of a Pattern of Violations screening that identifies chronic violators and mine operators that show a disregard for miners’ health and safety.
The results follow the agency’s reviews which, for the first time, included more than one POV screening by MSHA in a calendar year. The POV screening process examines all U.S. mines and identifies those with a high number of significant and substantial violations and other safety and health compliance problems. An S&S violation is one that could contribute in a significant and substantial way to the cause and effect of a safety or health hazard.
Under the Mine Act, MSHA identifies mines exhibiting a pattern of S&S violations and has the authority to issue mine operators a POV notice, one of the agency’s toughest enforcement actions, if warranted. If a mine has received a POV notice and commits additional S&S violations, MSHA is authorized to withdraw miners from the affected area except those necessary to correct the violation.
“A central tenet of a good job is a safe and healthy workplace,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “The Biden-Harris administration will continue to use all the tools with which Congress empowered MSHA to protect the health and safety of the nation’s miners.”
MSHA conducted a POV screening of mines for a 12-month enforcement period ending April 30, 2024, and identified Mine No. 39 in McDowell County, West Virginia, met the initial POV criteria for the existence of a pattern of violations under section 104(e) of the Mine Act. While the mine – operated by Twin State Mining Inc. – met the initial POV screening criteria, MSHA reviewed mitigating circumstances. This review can result in MSHA issuing a POV notice, postponing issuance or not issuing a notice. After its review, MSHA determined that issuing a POV notice was not warranted.
The agency also announced that POV notices issued to the following mines remain in effect:
- Issued July 6, 2023, to Atalco Gramercy LLC, operator of Gramercy Operation in Gramercy, Louisiana, after MSHA identified a pattern of S&S violations related to caustic spills and leaks.
- Issued Dec. 1, 2022, to Morton Salt Inc., operator of the Weeks Island Mine and Mill in New Iberia, Louisiana, after MSHA identified a pattern of S&S violations related to roof and rib hazards.
Operators placed on a POV who commit S&S violations are required to withdraw miners from the affected area until MSHA determines that the violation has been abated. The POV notice is terminated if MSHA does not issue a withdrawal order within 90-days after the issuance of the POV notice or if an MSHA inspection of the entire mine finds no S&S violations.
MSHA offers two online calculators to help mine operators monitor compliance: the Pattern of Violations Calculator, which allows mine operators to monitor performance under the POV screening criteria and alerts mine operators that corrective actions are needed, and the Significant and Substantial Calculator, which enables mine operators to monitor their S&S violations. It is the responsibility of mine operators to track their violation and injury histories to determine whether they need to take action to avoid meeting the POV screening criteria.
Dishonorable Mentions
- A worker identified as 58 year old Rodney Terry was killed in an industrial accident at GE in Decatur. GE cut the first shift after the incident and canceled the 2nd and third shift. Not much is known officially about the nature of the accident yet, but we’ll follow the investigations and keep you posted. Our condolences go to the man’s family, and we’d welcome any GE employee calling in and talking to us about this incident, or leaving a voicemail at 844-899-TVLR
- X-Treme Tech Services, LLC, which provides marine electronic services, violated federal law when a supervisor repeatedly sexually harassed a female employee and then fired her after she resisted his advances, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.