Hanford Whistleblowers Fired id OAA26511; Thu, 9 Oct 1997 14:12:26 -0400 Via NY Transfer News Collective * All the News that Doesn't Fit source:Tom Carpenter PRESS RELEASE Immediate Release For More Information October 7, 97 Tom Carpenter (206) 292-2850 Hanford Pipefitters Illegally Terminated--US Labor Dept Report "Slam Dunk" Decision Finds Harassment, Layoffs Follow Safety Complaints by Hanford Workers Seattle, WA: The U.S. Department of Labor today ruled that five of seven Hanford pipefitters who filed whistleblower reprisal complaints were illegally terminated because they disclosed serious safety and health violations at the government-owned, contractor-operated nuclear site. The decision ordered reinstatement, backpay, declaratory relief and an award of $10,000 in compensatory damages to each pipefitter. The decision comes on the heels of the September 2, 1997 Labor Department ruling for a Hanford geologist who was terminated after he filed concerns about radiological contamination of groundwater at Hanford. That decision is being appealed by Hanford management and will go to hearing early next year. The pipefitters were all employees of Fluor Daniels Northwest, a subcontractor at the Hanford Site since October 1, 1996. The Government Accountability Project, a private, non-profit organization that represents and advocates for whistleblowers, filed the complaints on behalf of the seven on August 2, 1997, under the employee protection provisions of the Energy Reorganization Act. The Labor Department, following a 65-day investigation, issued a definitive ruling that Fluor Daniels Northwest selected five of the pipefitters for layoff in retaliation for their filing of safety concerns and their refusal to perform unsafe work. In addition to the reinstatement, the company was ordered to notify its employees that the complainant's safety concerns were protected, that they utilized proper authority to stop work. Additionally, the company was ordered to immediately cease harassment and intimidation against the complainants. The Labor Department further ruled that two of the pipefitters had "volunteered" to be put on the layoff list to protest the company's termination of the other five, and were therefore not afforded relief. The concerns expressed by the workers included: * refusal to install underrated valves in pipes which were destined to carry high-level nuclear waste liquids from the tanks * concerns about working in an area where another crew was performing radiological testing of materials without posting warning signs or marking off a boundary of the area, as required * concerns about working in "confined space" areas, which are enclosed areas where air supply is limited, and workers are susceptible to gases that can displace oxygen, leading rapidly to black-outs and suffocation In addition, when the workers attempted to call Safety Department officials by cell phone, they discovered that those officials had turned off their phones "so as not to be distracted." The installation of the underrated valves raises a special concern on the part of the workers because failure of the pipes could result in death to those workers in close proximity to the pipes. Additionally, the valves are situated next to a barrier for two high-level nuclear waste tanks. A failure of any or all of the valves could force liquids through the barrier and into the tank, which itself would violate several environmental laws and could result in a severe safety hazard. Following the refusal of the pipefitters to install the underrated valves, management reconsidered its decision to use the valves, and finally allowed the pipefitters to install the correct valves. The next day, the pipefitters were notified that they would be laid off, and within one week, June 5, 1997, they were all unemployed The Labor Department report noted that the workers had raised protected concerns, and that they suffered harassment as a result. The report noted that the Foreman of the group, Randy Walli, was sarcastically referred to as "Mr. Safety" by a management official. On another occasion, a management official used profanity against the employees when the employees refused to use underrated valves in a test. The Labor report did not credit Fluor management's reasons for selecting the pipefitters for layoff, calling its position "inconsistent with the testimony provided by various management officials and in some cases not supported by available documentation." "Hanford management likes to talk about safety, but then silences those who raise concerns. The decision of the Labor Department is simply more evidence that the safety culture at Hanford is broken, and that U.S. taxpayer dollars are being used to reward companies who practice illegal discrimination. This is all the more egregious because of the magnitude of the safety and environmental problems facing Hanford, and the devastating impact that an accident could have on the Pacific Northwest," said Tom Carpenter, Director of the West Coast Office of the Government Accountability Project. Fluor Daniels Northwest has recently made a high-profile bid to be awarded status under an agency-sponsored "safe worker" program known as the Voluntary Protection Program (VPP). The VPP program is awarded to those companies that engage their workers in creating a safe work environment and voluntarily regulates safety at the site. The Labor ruling is widely seen as a major setback to Fluor Daniel Northwest's efforts to attain VPP status. "Awarding Fluor Daniels Northwest VPP status is like awarding Attilla the Hun the Nobel Peace Prize," said Carpenter. The parties affected by the Labor ruling have five days to appeal the Labor Department decision. For a copy of the Labor Department Complaint, check GAP's WebSite at http://www.whistleblower.org/gap ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytlab-10.09.97-14:12:43-13683