OSHA has ordered a Dallas church to reinstate and pay back wages to an employee who was terminated after raising concerns about unsanitary conditions at its childcare center.
According to OSHA, the nutritionist reported his concerns about rodents and insects and a broken air conditioner in the cafeteria and kitchen of the center to the Dallas County Health Department (DCHD) in May 2021.
In July 2021, after the repair of the air conditioning unit, the employee noticed an infestation of rats, roaches, and rat feces in the kitchen. He reported the infestations the next day, but the childcare center’s assistant director said that the facility had already been treated by exterminators.
The next month, the nutritionist noticed another rat infestation in the cafeteria near where the children slept. He took pictures to document the infestation and reported it to the DCHD.
Later that day, after DCHD notified the church about the complaint, the church held a special board meeting to discuss the nutritionist and his complaint. At the meeting, OSHA claims, the board voted to terminate his employment effective the next day.
Investigators with OSHA’s Whistleblower Protection Program in Dallas determined the firing violated the Food Safety Modernization Act. The law protects employees exercising their protected rights to report unsafe and unhealthy conditions from retaliation.
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