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The government awards contracts to companies with histories of misconduct such as contract fraud and environmental, ethics, and labor violations. In the absence of a centralized federal database listing instances of misconduct, the Project On Government Oversight (POGO) is providing such data. We believe that it will lead to improved contracting decisions and public access to information about how the government spends hundreds of billions of taxpayer money each year on goods and services. Report an instance of misconduct »

Fluor Corporation

Oak Grove Power Plant Illegal Termination

Date: 01/27/2011 (Date of Settlement Announcement)

Misconduct Type: Labor

Enforcement Agency: Labor – OSHA

Contracting Party: None

Court Type: Administrative

Amount: Unknown

Disposition: Settlement

Synopsis: Fluor and MMR Contractors agreed to resolve findings by the Occupational Safety and Health Administration (OSHA) that the companies illegally terminated an employee at the Oak Grove Power plant in Franklin, Texas for complaints about safety and health issues. OSHA found the employee complained numerous times to his employer, MMR Contractors, and also to Fluor, the general contractor at the worksite, about an unsafe crane lift that exposed workers to possible death or serious injuries from being crushed or struck by the overhead crane load. Shortly after making the complaints, Fluor insisted MMR remove the worker from the worksite, and MMR complied. Both companies claimed the employee was terminated for disruptive behavior. OSHA argued the employee’s behavior was excused under the “leeway doctrine” of the Occupational Safety and Health Act. In lieu of litigation, MMR and Fluor agreed to pay the employee $17,500 in back wages; purge any reference to his termination from his personnel file; provide neutral employment references; and agree not to unlawfully retaliate against the crane operator, or any employee, for engaging in activities protected by Section 11(c) of the OSH Act.