DOL and Ohio Employer Settle Whistleblower Lawsuit Alleging Retaliation
March 17, 2026

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) and an Ohio based company, Environmental Management Specialists Inc. (EMS) reached a settlement agreement to resolve a lawsuit related to whistleblower retaliation.

The Steubenville, Ohio-based company EMS allegedly fired a field technician after he filed a safety complaint with OSHA, saying that EMS employees were exposed to respiratory hazards and confined space hazards when they were cleaning storage tanks. EMS then faced a lawsuit filed under the anti-retaliation portion of the Occupational Safety and Health (OSH) Act. There are 22 statues with provisions protecting employees who come forward as whistleblowers, raising concerns about violations of the law. Employers are expected to provide a safe work environment for employees.

As part of the agreement the company will pay the employee $21,000 in back wages, as well as expunge his termination and all references to this action from his employee records.

“An employee’s commitment to workplace safety should be commended – not punished,” said Ken Nishiyama Atha, OSHA Chicago-area Regional Administrator. “This settlement represents a true win for an employee willing to exercise his rights to ensure workplace safety for his co-workers and himself.”

Read more of the OSHA News Release

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