whistleblower support letter to Browner

[charlie.cray@green2.greenpeace.org]

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Original-TO:      dioxin-l@essential.org
Original-TO:      cpc@igc.apc.org
Original-TO:      svtc@igc.apc.org
Original-TO:      cbeil.igc.apc.org
Original-TO:      gcohen@igc.apc.org
Original-TO:      cchw@essential.org
Original-TO:      erf@igc.apc.org
Original-TO:      greene@xanadu.physics.indiana.edu
Original-TO:      cacc@arbornet.org
Original-TO:      jchristensen@iatp.org
Original-TO:      cbesf@igc.apc.org
Original-TO:      mob@darkwing.uoregon.edu
Original-TO:      jpruden@northland.lib.mi.us
Original-TO:      sederstrom@igc.apc.org
Original-TO:      bryony@selway.umt.edu
Original-TO:      wsanjour@mail2.pechan.com
Original-TO:      joet@cubsps.bio.columbia.edu
Original-TO:      hope@igc.apc.org
Original-TO:      socejp@igc.apc.org
Original-TO:      wtc@igc.apc.org
Original-TO:      kefwilli@acs.eku.edu
Original-TO:      mrba@igc.apc.org
Original-TO:      mcchw@igc.apc.org
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DEAR READERS,
 
PLEASE CONSIDER SIGNING ON TO THIS IMPORTANT LETTER TO ADVANCE
AND PROTECT WHITSLEBLOWERS--WHO ARE KEY TO PROTECTING THE PUBLIC
& WORKERS FOR POLLUTERS! E-MAIL YOUR NAME, TITLE AND GROUP FOR
ADDITION to cbesf@igc.  PLEASE CIRCULATE TO OTHER GROUPS,
INDIVIDUALS, ETC. THANKS!
 
Hon. Carol Browner
Administrator
U.S. Environmental Protection Agency (1101)
401 M Street SW
Washington, DC  20460
 
Dear Ms. Browner,
 
Congress has recognized the unique position of workers to monitor
and report violations of environmental law, noting in its
conference report on the 1977 Clean Air Act:  "...the best source
of information about what a company is actually doing or not
doing is often its own employees...." This is reflected in the
protection provided these workers in Sec. 322 of the Clean Air
Act.  Similar provisions can be found in the Solid Waste Disposal
Act, the Safe Drinking Water Act, the Water Pollution Control
Act, the Toxic Substances Control Act, and the Comprehensive
Environmental Responses, Compensation, and Liability Act.
 
The provisions in these six acts were crafted to encourage and
protect employees who report violations of environmental health
and safety regulations.  Congress also mandated that employees
who reported violations should be protected from retaliation,
harassment, intimidation, and other forms of discrimination by
their employers.  The law gives them the right to file suit with
the Department of Labor to end harassment, restore their jobs,
and be reimbursed for legal fees and even collect damages.
 
However, most workers are unaware of the protection available to
them.  EPA has made no attempt to implement the worker protection
provisions of the statutes.  As a result, corporate employees and
corporate management are ignorant of these provisions as are even
EPA and state officials.
 
EPA has very limited resources to implement the thousands of
pages of regulations governing the thousands of parties subject
to these regulations.  Workers who report violations are
essentially unpaid inspectors and are responsible for a great
many enforcement actions. However, fear of being fired or
harassed, because of ignorance of the laws protecting them from
such treatment, is preventing many more workers from reporting
violations.
 
The Nuclear Regulatory Commission, which has similar worker
protection statutes, has addressed this problem by requiring a
notice be posted in all workplaces it regulates encouraging
workers to report safety and health violations and advising them
of their rights under the law to be protected from retaliation. 
The NRC was able to take this action without any additional

legislation.  EPA could do the same thing as part of its
permitting requirements.
 
We therefore urge you to require notices be posted in all EPA
regulated workplaces:
 
1)  encouraging workers to report violations of environmental
laws, 
2) informing them whom to notify,
3) advising them of their right of anonymity and their rights to
be protected from retaliation
4) advising them of where and when they should seek redress if
they are retaliated against.
 
Based on the NRC experience, this should result in a many-fold
increase in reporting of violations by workers and a safer
workplace and environment as a result.  This becomes especially
important in light of the cutbacks in enforcement that the EPA is
undergoing.
 
 
Very truly yours,
 
Name            Title                           Organization
 
Denny Larson    Campaign Director       CBE-California
 
 

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