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Archived News Release--Caution:
information may be out of date.
For more information call: 202-693-1999
Flanked by two workplace heroes --- a man involved in a dramatic April
12 helicopter rescue in Atlanta and a Tulsa, Okla., nurse who blew the whistle
on unsafe working conditions -- Secretary of Labor Alexis M. Herman announced
today that the Clinton Administration is pressing for new legislation to better
protect American workers who report unsafe working conditions.
Vice President Al Gore traveled to Dubuque, Iowa, today to discuss
workplace safety issues with union members. "On Workers' Memorial Day all
Americans should pause to commemorate the deaths, injuries and illnesses
suffered by working men and women on the job," he said. "Let's honor them by
passing legislation which would give American workers the stronger protections
they deserve when they blow the whistle on unsafe conditions at work. I urge
Congress to support this step, which members of both parties have agreed is
overdue."
Speaking at a ceremony in observance of Worker Memorial Day, Secretary
Herman honored Ivers Sims, who was trapped on a tower crane above a raging fire
while directing other workers to safety. "Mr. Sims and the three men who
rescued him showed great courage," Herman said. "Because of their actions, no
workers died when fire erupted at this Atlanta construction site.
"Unfortunately, there are many other American workers who lose their
lives or become sick or injured on the job," she added. "Worker Memorial Day
memorializes them. Adopting stronger whistleblower legislation can help reduce
the hazards that cause injuries, illnesses and deaths."
Herman also recognized nurse Rosemary Cook for her courage as a
whistleblower. Cook was fired in 1994 from her nursing home job after she
complained about unsafe conditions to the Occupational Safety and Health
Administration and the Oklahoma State Department of Health. She fought back,
and her actions were vindicated by a federal court decision that awarded Cook
back pay and damages -- but the process took almost three years.
Joining Herman at the ceremony were Linda Chavez-Thompson, executive
vice president of the AFL-CIO, and Congressman Major Owens of New York.
The Secretary noted that providing stronger legal protection for those
who blow the whistle on bad safety and health conditions has had bipartisan
support over the years. Former Secretaries of Labor Ann McLaughlin, Elizabeth
Dole and Robert B. Reich, the former Administrative Conference of the United
States, the General Accounting Office, committees of the Congress, and the
Department of Labor's Inspector General have all supported improvements in
whistleblower protection in the past.
"Some workers have better protection than OSHA now provides," said
Assistant Secretary of Labor for Occupational Safety and Health Charles N.
Jeffress. "For example, the Surface Transportation Assistance Act of 1982,
which covers truckers and other transportation employees, includes more
effective protection to whistleblowers, such as longer filing periods and firm
deadlines for consideration of employee complaints. Coal miners also have a
stronger anti-discrimination law."
The new Administration-supported legislation is called "The Hazard
Reporting Protection Act." It would strengthen protections for American workers
by:
- Increasing the time for workers to file complaints of employer
retaliation from 30 to 180 days.
- Including reports of unsafe conditions, injuries and illnesses as
protected activity.
- Setting firm deadlines for the Department of Labor to complete its
investigation of worker complaints of retaliation for reporting unsafe
situations.
- Allowing the department to provide for reinstatement, back pay and
damages without requiring the employee to go to court.
- Protecting workers who refuse to work in what they reasonably
believe are seriously dangerous conditions.
- Allowing workers, for the first time, to bring their case to an
administrative law judge if the disagree Department Labor decides not to pursue
the case.
- Providing the Department of Labor and employees additional authority
to seek relief in federal courts if employers fail to comply with the
department's decision in whistleblower cases.
OSHA received 2,465 whistleblower complaints under Section 11(c) of the
Occupational Safety and Health Act in the last fiscal year. Of these only 348
were settled with the employee receiving some remedy. A total of 865 cases were
dismissed as lacking merit; 377 were not accepted because the employee failed
to file a complaint within 30 days or was not engaged in an activity protected
under the law; 39 were referred to other more appropriate agencies such as the
Mine Safety and Health Administration or the National Labor Relations Board;
197 were withdrawn by the complainant without resolution following a closing
conference; and 42 were referred to the Solicitor of Labor for recommended
litigation in court.
OSHA currently has jurisdiction to protect whistleblowers under 11
federal statutes: The Occupational Safety and Health Act of 1970;Surface
Transportation Assistance Act; Asbestos Hazard Emergency Response
Act;International Safe Container Act; Energy Reorganization Act;Clean Air Act;
Comprehensive Environmental Response, Compensation, and Liability Act; Federal
Water Pollution Control Act;Safe Drinking Water Act; Solid Waste Disposal Act
and the Toxic Substances Control Act
Archived News Release--Caution:
information may be out of date.
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