Bouchard Transportation Company Pays $375,000 To Whistleblower
The U.S. Department of Labor announced April 1 that pursuant to an agreement with the department to resolve outstanding violations of the Seaman’s Protection Act, Bouchard Transportation Company Inc., based in Long Island, N.Y., had paid $375,000 to the brother of one of two seamen killed in a barge explosion off the coast of Texas. The payment was made jointly by the company and three of its officials. The department didn’t name the whistleblower, in accordance with its longstanding policies.
The explosion occurred on October 20, 2017, off Port Aransas, Texas, aboard the Buster Bouchard/B. No. 255. The whistleblower claimed the company fired him for cooperating with investigators and reporting safety violations to the Coast Guard.
In addition to the payment, Bouchard and the individual respondents agreed to take other remedial actions in a settlement agreement with the U.S. Department of Labor’s Occupational Safety and Health Administration. Investigators for OSHA’s Whistleblower Protection Program had found that the employers’ actions constituted retaliation against the seaman for protected activity under the SPA and would dissuade a seaman from reporting safety issues. Under the agreement, the company must remove any reference to the seaman’s termination and exercising of his rights under the SPA from their files and provide a neutral reference if contacted by any prospective employer. The employer must train its managers and employees about seamen’s SPA rights and post a Notice to Seamen about their rights under the SPA.
In December, OSHA ordered the employer to pay the seaman:
• back pay with interest plus compensatory damages for losses to his 401(k);
• an additional two years of lost wages in lieu of reinstatement;
• No less than $50,000 for emotional distress, pain and suffering, loss of reputation and mental anguish resulting from Bouchard’s adverse employment action; and
• no less than $200,000 in punitive damages for “reckless disregard for the law and callous indifference for seamen’s rights under the SPA and egregious conduct.”
Reporting alleged violations of maritime safety laws and regulations, cooperating with safety investigations and furnishing information to the Coast Guard about facts related to any marine casualty resulting in death are protected activities under the SPA.
“Employers and vessel owners must know and respect that, under the Seaman’s Protection Act, seamen have the right to report safety concerns and cooperate with the U.S. Coast Guard and other safety investigators,” said OSHA Regional Administrator Richard Mendelson in New York. “Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences for workers.”
“This agreement underscores the U.S. Department of Labor’s commitment to pursuing necessary and effective legal remedies to protect and preserve a worker’s right to a safe and healthful work environment,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.
