Gas 'n' Go faces federal lawsuit
SANDPOINT - The U.S. Department of Labor has filed suit against Sandpoint Gas 'n' Go & Lube Center and its owner for violating federal whistleblower protection provisions.
An investigation determined that owner Sydney M. Oskoui fired a mechanic for raising safety and health concerns at the lubrication center, the department announced on Tuesday.
The labor complaint against Oskoui and Gas 'n' Go was filed in U.S. District Court on Aug. 27.
The complaint states that Daniel Kramer reported unsafe working conditions at the lube center, which does business as Shell Rapid Lube. However, nothing was done to address the issues.
Kramer contacted the labor department's Occupation Safety & Health Administration in February 2012.
Kramer reported there were no nets over open automobile service bays, which presented a fall hazard. There also were out-of-date fire extinguishers and exposed wiring near water leaks. Additionally, there were no first-aid kits, eye-wash station or hard hats, court documents indicate.
A compliance officer from OSHA's Boise office conducted an inspection of the lube center. The inspection found five violations which presented a risk of death or serious bodily injury. Two additional violations presented an other-than-serious risk, the complaint states.
Oskoui was advised on April 12, 2012, that OSHA would be issuing citations and penalties as a result of the inspection. Less than a week later, Kramer was discharged for filing the complaint, the government alleges.
OSHA's website indicates it sought $4,800 in fines from Oskoui for the fall and electrical hazards, but the sum was reduced to $1,000 via informal settlement.
Kramer went on to file a whistleblower complaint with OSHA, which determined Oskoui violated protections afforded to employees who raise questions about workplace safety.
The complaint seeks $921 in lost wages and benefits for Kramer, in addition to an award of $140,000 in punitive damages due to the defendants' "repeated, reprehensible conduct in reckless disregard for others' health and safety."
The suit also seeks to permanently enjoin Oskoui from violating the anti-retaliation provisions in the federal Occupational Safety & Health Act.
"We are committed to protecting workers' rights to raise work-related safety and health concerns without fear of losing his or her job," Galen Blanton, OSHA's acting regional administrator in Seattle said in a statement. "We will not tolerate the reprehensible behavior exhibited by Sandpoint (Gas 'n' Go) in this case."
Oskoui could not be reached on Wednesday. A message seeking comment was not immediately returned.