Legal Question in Employment Law in Massachusetts

Punitive damages for unsafe working conditions?

I work at an overseas location for a U.S. employer. I am covered under the Defense Base Act. The Act obligates an employer to provide a safe working environment for its employees.

I have voiced my concerns about the unsafe working conditions through every channel available to me...my immediate supervisor, site manager, safety contacts back in the U.S. and my concerns have not been addressed. I have not been given any feedback. My complaints are many and varied. Everything from a failure to provide basic sanitation to a lack of required eye wash stations, MSDS sheets and paint being sprayed with nothing more than a dust mask (this particular type of paint REQUIRES supplied air respirator).

At this stage, I feel that the only way to have these issues addressed is to either file a complaint with the DOL or take it to court. Can employers be sued for punitive damages for failure to provide safe working conditions?


Asked on 10/01/10, 9:19 pm

1 Answer from Attorneys
John B. Stewart

OSHA provides no private right of action for compensatory damages, let alone punitive damages. There might be something that a skilled and creative lawyer could do, depending on how much money you want to spend. I would suggest you schedule an appointment with a lawyer and establish a budget for going after your employer, if you feel strongly about this. Best luck, JBS

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Answered on 10/08/10, 5:36 am


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