Former Nestle Employee’s Retaliatory Discharge Claim Preempted by OSHA Statutes

LEXINGTON, Ky. — A federal court has dismissed a retaliatory discharge claim brought by a former safety and health manager for Nestle Prepared Food Co., saying it is preempted by state and federal occupational safety and health laws.

U.S. District Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky said that while plaintiff Cecilia Rodgers relied on OSHA statutes in support of her public policy argument, those acts also limit remedies for wrongful discharge and preempt the damages sought in this case.

Rodgers sued Nestle after she was discharged as safety manager on Feb.13, …