OSHA Enforcement/Whistleblower Investigation: Florida City Enters into Settlement Agreement Addressing Alleged Retaliation Against Inspector for Reporting Water System Cross-Contamination

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Occupational Safety and Health Administration (“OSHA”) issued an April 20th news release stating that it had entered into a Settlement Agreement with the City of Delray Beach, Florida, to address an alleged retaliation against a city inspector.

OSHA states that the City inspector was fired after finding and reporting faults in the Delray Beach water system that caused contamination of the public water supply.

The news release states in part:

. . . After reports of smelly, discolored and sandy drinking water, a Water Utilities Department inspector investigated and identified faults in the municipal system that were allowing reclaimed sewer water to cross-contaminate the city's drinking water supply. The inspector also participated actively in investigations by the Florida Department of Health and the Palm Beach County Office of Inspector General.

Delray Beach is stated to have subsequently removed he inspector from doing inspections. He was stated to have been terminated in February 2022.

Delray Beach is stated to have claimed that the position was eliminated in a reorganization that only involved the inspector’s job.

OSHA states it opened an investigation on February 24, 2022. It further states that it determined that the City of Delray Beach illegally harassed and terminated the employee for reporting the pollution concerns.

Delray Beach and OSHA entered into a Settlement Agreement in which the former inspector will be paid $818,500.

A copy of the news release can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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