All Things Whistleblower: A GAP Blog

New Legislation Protects Millions of Private Sector Whistleblowers

GAP applauds Senate and House leaders for reaching an agreement on major consumer product safety legislation approved last night by the House in a 424-1 vote. The legislation provides whistleblower rights, enforceable by jury trials, to an estimated twenty million private sector workers connected with the manufacture, distribution, and retail sale of products ranging from toys to clothes, linens, car seats, hardware and household appliances.

Known as the Consumer Product Safety Commission Reform Act, the legislation responds to last fall’s “killer toys” controversy sparked by discoveries of excessive lead in dolls and other common products. The reform significantly tightens safety standards. Its enforcement cornerstone is thorough “best practices” whistleblower protection for employees who refuse to violate the law or who challenge product safety violations.

The legislation protects corporate employees who challenge violations of the consumer safety law, or who refuse to violate it themselves. If they do not receive a timely administrative ruling, they can move their cases to court for a jury trial. Those who win will be “made whole” through back pay and compensatory damages. This legislation represents a major step forward in protecting whistleblowers that defend our families from dangerous products. 

With Great Power Comes Great Responsibility

Recent legislation has greatly expanded the FDA’s power and ability to regulate drug safety. For the first time since it was granted the power to in 2007, the FDA forced a drug manufacturer to change its prescription information for a specific drug. Producer Amgen was ordered to change the information on its anemia drug, Aranesp. Anemia is a common side effect of chemotherapy, but the drug has been linked to increased risk of heart attack and stroke in patients suffering from cancer. Amgen said it would alert patients and doctors of the new prescribing information immediately. 

Additionally, yesterday the House passed legislation giving the FDA the authority to regulate the tobacco industry. While the FDA cannot ban tobacco or nicotine, it can demand the reduction or elimination of cancer causing ingredients in cigarettes and other tobacco products. The FDA should embrace these new regulatory mandates and do a better job of protecting public health and welfare.

Success at Hanford

Another key Hanford subcontractor proved the efficacy of the Hanford Concerns Council by allowing employee safety concern cases to be heard and meditated by members of the Hanford community. The council, developed in 2005 partially by GAP, provides a forum for arbitration of employee concerns about safety, health and the environment. GAP’s Hanford program has since split off to form its own organization, Hanford Challenge.

Currently Hanford Challenge is taking part in a series of meeting across the Columbia River Valley to discuss clean up issues with the Department of Energy, the EPA, and the Washington State Department of Ecology.

Calls for Resignation of EPA Administrator

Today four prominent Senators called for the resignation of EPA administrator Stephen Johnson and sent a letter to Attorney General Michael Mukasey asking for an investigation into whether or not Johnson lied when giving testimony to a Congressional committee. The Senators charged Johnson with frequent capitulation to political pressure at the expense of protecting public welfare and the environment. The embattled agency warned employees not to answer questions from the press, the Inspector General or the Government Accountability Office yesterday. It’s clear the agency is in need of a desperate change, and that may only come when Stephen Johnson is no longer in charge.

The Meaning of Justice

An internal report released today by the Justice Department’s Office of Professional Responsibility revealed the blatantly illegal and inappropriate considerations of political ideology when appointing career lawyers. The worst offenders were predictably those in the inner circle of former Attorney General Alberto Gonzalez, including his chief of staff. When interviewing candidates, these counsels would ask audaciously political questions and provide a questionnaire meant for political appointees. None of this surprised former DOJ whistleblower and GAP National Security Director Jesselyn Radack, who was forced out of her position in 2002. 

All but one of those explicitly mentioned in the report has left the DOJ, but they must still be held accountable for their actions. For those who were denied jobs, “justice” may still be out of reach. 

Political Science

A leaked EPA memo shows a senior agency official warned managers not to speak to any member of the press, the Inspector General or the Government Accountability Office. Unfortunately, this is only too indicative of standard practice in an agency where reports by GAP show that over half of scientists reported political interference with their jobs over the past five years. From the Washington Post:

"Our recent investigation of the EPA tells us that retaliation is widespread at that agency," said [Francesca] Grifo, whose group [The Union of Concerned Scientists] provided The Post with a copy of the e-mail. "So it's critical that when the IG's office and GAO are investigating a wrongdoing, employees are able to speak confidentially. The work of the IG and GAO have repeatedly helped protect the health and safety of Americans."

Umatilla Heating Up

Oregon’s Department of Environmental Quality (DEQ) heard public comment last week regarding the “best available technology” for disposing of tons of mustard agent, containing significant amounts of mercury, set to be incinerated at Umatilla Chemical Depot.

Last month the DEQ decided to continue the incineration plan (its current “best” option, according to them) despite overwhelming evidence that the process elevates the cancer risk to surrounding communities above acceptable state standards. 

GAP has been involved in this case for some time, suing the DEQ to halt the incineration of mustard agent back in November 2007. We also helped spread the word about a less-than-transparent meeting between government officials about this problem in January. In short, there are much better options for destroying the agent that don’t involve unnecessary cancer risk.

Public meetings concerning the disposal process will be held until August 11 and represent one of the final chances for public comment on the incineration plan. Speak out against potentially deadly consequences for the Columbia River Valley and its occupants!

Not Very Diplomatic

A new GAO report details over 40 incidences of diplomatic abuse of domestic workers in the U.S. Diplomats have been accused of human trafficking, forced labor and physical abuse, but due to their immunity, the offenders often go unpunished and are protected from persecution. Those diplomats suspected of wrongdoing are assigned to embassies, United Nations missions and even the World Bank. 

This is not the first instance of flagrant misconduct on the part of employees of international organizations. The UN has few avenues for redress for victims of abuse, as GAP International Program Director Bea Edwards has shown. We need to hold these organizations more accountable for the actions of those they employ, and the ideals they uphold. 

Careful What You Wish For

The food industry is a victim of its own success.  In 2003-4, industry lobbyists and FDA food safety experts met over a new set of measures designed to protect the country against bioterrorism. The industry lobbyists were so successful they managed to dilute almost all of the FDA expert’s recommendations. Recommendations, it turns out, that would have been very helpful to investigators trying to mitigate the current Salmonella outbreak. 

From the AP:

"If the FDA had been given the resources and authority years ago that it asked for to solve these kinds of problems, I think we would have solved this already," said William Hubbard, a former FDA associate commissioner.

EPA Bans Pesticide...Finally

The EPA recently banned the use of the pesticide carbofuran from all food produced domestically and imported from abroad, saying the product is an unacceptable safety risk to toddlers.  The neurotoxin exceeded EPA safety standards for toddlers by 200 percent! The substance also devastated populations of wildlife in treated areas, and is also linked to the death of bees that have suffered an unexplained population collapse in recent years.

Both the manufacturers of the pesticide and environmentalists were shocked by the EPA’s decision. From the Washington Post:

"I was surprised and pleased that EPA did the right thing and followed the science," said Jennifer Sass, a senior scientist at the Natural Resources Defense Council.

The surprise is indicative of the current state of the EPA, but at least in this instance, they did their job.