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🗞️ Fired After Getting Burned: Federal Government Sues South Dakota Contractor Over Whistleblower Retaliation

The U.S. DOL sued a Valley Springs, SD contractor after a worker suffered severe burns on the job and was fired two days after reporting the injury, a potential violation of federal whistleblower law.

onthelaborfront

onthelaborfront

— 2 min read
🗞️ Fired After Getting Burned: Federal Government Sues South Dakota Contractor Over Whistleblower Retaliation

Federal regulators have taken a small South Dakota excavation company to court over allegations of workplace retaliation, in a case that began when a pressurized pipe spewed scalding water onto a laborer's face and arms on a summer job site.

The U.S. Department of Labor filed suit against Stone Hill Excavation LLC and its successor, Split Rock Sand & Gravel, both of Valley Springs, S.D., after an investigation by the Occupational Safety and Health Administration concluded the company violated federal law by terminating a worker shortly after he reported a serious on-the-job injury. The employee, identified in local court filings as Javion Landry, suffered second- and third-degree burns in July 2024 after opening a pressurized pipe on the job. He was fired two days after notifying the company of his injury.

OSHA investigators determined that Landry's communications with his employer about seeking medical care and updating the company on his recovery constituted protected whistleblower activity under the Occupational Safety and Health Act, regardless of whether he supplied a doctor's note. His termination, the agency concluded, amounted to illegal retaliation. The defendants had not filed a response in the court record as of April 6, and their position on the allegations is not yet known.

The lawsuit, filed March 17 in the U.S. District Court for the District of South Dakota, asks a federal jury to hold both Stone Hill and Split Rock liable. The government is seeking Landry's reinstatement, back wages, and $100,000 in punitive damages. By naming Split Rock Sand & Gravel as a successor entity, the Labor Department is arguing that the business remains accountable despite the corporate reorganization.

Key Points

  • Javion Landry sustained second- and third-degree burns from scalding water released by a pressurized pipe at a South Dakota job site in July 2024.
  • Stone Hill Excavation LLC terminated Landry two days after he reported the injury and began seeking medical attention.
  • OSHA determined the firing violated federal whistleblower protections under the OSH Act.
  • The Department of Labor filed suit on March 17, 2026; OSHA issued a public press release on April 6, 2026.
  • The suit names both Stone Hill Excavation LLC and its successor, Split Rock Sand & Gravel, seeking to prevent the corporate reorganization from insulating the defendants from liability.
  • The government is seeking reinstatement, back wages, and $100,000 in punitive damages, with the case to be decided by a jury.
  • No response from the defendants had been entered in the court record as of April 6, 2026.

Sources

Primary Source Author: U.S. Department of Labor, Occupational Safety and Health Administration

Primary Source: U.S. DOL / OSHA Press Release, US Department of Labor files suit alleging South Dakota construction company wrongfully fired whistleblower for reporting work-related injury

Primary Source Link: https://www.dol.gov/newsroom/releases/osha/osha20260406

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