Whistleblower lawsuit filed against Lloyd Industries
Joshua Elbolde came to work as usual on July 11, 2014, signing in for his shift at Lloyd Industries, a Montgomeryville duct manufacturer. By the end of the day, Elbolde's fingers had been crushed in a press brake.
Joshua Elbolde came to work as usual on July 11, 2014, signing in for his shift at Lloyd Industries, a Montgomeryville duct manufacturer. By the end of the day, Elbolde's fingers had been crushed in a press brake.
He lost his fingers; three had to be amputated. And he lost his job; he was told not come back. The accident set in motion an OSHA investigation that led to $822,000 in fines and a federal lawsuit, filed against the company Tuesday.
Lloyd makes ventilation and safety ducts used at Philadelphia International Airport and at stadiums where the New York Yankees and the Baltimore Ravens play, its website says.
The lawsuit, filed in Philadelphia by the U.S. Labor Department, accuses the company and its owner, William P. Lloyd, of violating federal laws by firing two employees who had provided information to inspectors from the department's Occupational Safety and Health Administration.
"Lloyd Industries has a long, unfortunate history of putting employees at risk and defying federal officials," Richard Mendelson, OSHA regional administrator in Philadelphia, said in a statement.
"William P. Lloyd refuses to make his company safe. Whenever someone tries, they are fired," Mendelson said.
"No comment," said someone answering the phone at Lloyd Industries on Wednesday.
Lloyd is contesting the fines imposed on his company after the July 2014 accident; he faces an October court date.
Since 2000, about 40 injuries, including lacerations and crushed, fractured, dislocated, and amputated fingers, have been recorded at Lloyd, Mendelson said.
The lawsuit said Elbolde decided to file a workers' compensation claim and asked fellow employee Matthew Spillane to photograph the machine. Spillane also photographed other unsafe conditions in the shop and turned the pictures over to Elbolde, the suit said. Elbolde filed an OSHA complaint against Lloyd.
According to the lawsuit, Lloyd became enraged when OSHA inspectors visited on Nov. 13, 2014, and vowed to fire the "rat" who provided the photos. Five days later, he fired Spillane without comment.
Plant manager Santos "Dino" Sanna, Elbolde's grandfather, was subpoenaed by OSHA in February 2015, requiring that he provide testimony about the accident.
OSHA cited Lloyd on May 11, 2015, fining him the $822,000. A few hours later, without explanation, Lloyd fired Sanna, who had managed the plant for seven years, the suit said.
Both men filed complaints with OSHA, saying they lost their jobs in violation of OSHA's whistleblower protections. The federal lawsuit filed Tuesday asks the court to order Lloyd to pay Spillane and Sanna back wages, to reinstate them or give them front wages, and to post notices explaining whistleblower protections.
Lloyd Industries has a long history of contention with OSHA. In 2008, OSHA inspectors called in federal marshals to gain access to the plant after Lloyd refused to let them in, though they had a warrant. And in 2009, a former controller sued the company, saying she was fired in 2008 for complying with requests from OSHA. A jury ruled against her.
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