• by Ray Schultz , August 31, 2022

The U.S. Department of Labor has filed a lawsuit, charging that the Killeen Herald of Killeen, Texas,  terminated an employee who complained of an infestation and bug bites.  

“Rather than addressing an employee’s concerns about the safety and health of their workplace, the Killeen Daily Herald terminated their reporter who sought to prevent workplace exposure to unknown diseases carried by the insects,” states OSHA Regional Administrator Eric S. Harbin in Dallas.  

Harbin adds, “The U.S. Department of Labor investigates violations of federal whistleblower statutes and protects workers who exercise their right to raise safety concerns without the fear of retaliation.” 

The complaint filed with the U.S. District Court for the Western District of Texas, demands that the newspaper reinstate and pay the employee back wages, interest, compensatory and punitive damages -- and expunge the employee’s personnel record, the department states. In addition, it asks that the Daily Herald be ordered to comply with the federal anti-retaliation provisions.  

The insects were identified as “no-see-ums” or “biting midges.” 

As per OSHA policy, the complainant was not identified in the announcement.  

The Killeen Daily Herald is owned Frank Mayborn Enterprises Inc., the department says.  

The paper had not responded to a request for comment at deadline.