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Kentucky Commission Sides With AK Steel in Safety Case

10 February 2000

Kentucky Commission Sides With AK Steel in Safety Case

    MIDDLETOWN, Ohio--Feb. 9, 2000--The Review Commission for the Kentucky Occupational Safety and Health cabinet has upheld the dismissal of a complaint by the Secretary of Labor against AK Steel regarding disciplinary action the company took against several employees who violated company safety procedures nearly two years ago.
    The original complaint was filed March 2, 1998 by Gail Riggs, president of the local union representing hourly employees of AK Steel's Ashland, Kentucky coke operations. Riggs filed the complaint after union employees were disciplined for violating plant safety rules.
    The employees claimed the company disciplined them in retaliation for reporting alleged safety violations by the company, which led to a Kentucky Labor Cabinet citation and a hearing. In findings of fact from the hearing, the hearing officer determined that AK Steel has a comprehensive safety program that instructs employees to follow specific general safety procedures that were applicable in the incident. The hearing officer also stated as fact that the employees did not follow the requirements of the applicable safety procedures in this case.
    At the conclusion of the hearing, held in December of 1998, the Review Commission's hearing officer concluded that the testimony of union president Gail Riggs was not credible and that no evidence was presented to support the OSH investigator's claim of discriminatory discipline. The Secretary of Labor then petitioned the Review Commission for appeal of the hearing officer's dismissal of the citation.
    The Review Commission concluded, in its decision dated February 2, 2000, that AK Steel acted appropriately with regard to the discipline of the employees and dismissed the complaint. The Kentucky Secretary of Labor had recommended a fine of $30,000 against the company.
    "We are pleased the Review Commission has finally determined that the union representative's testimony was simply not credible in this case," said Alan H. McCoy, vice president, public affairs. "It is unfortunate that the untrue accusations at the root of this incident were allowed to tarnish AK Steel's good name and excellent safety record."