In response to a whistleblower complaint, the U.S. Labor Department has ordered Hanford tank farms contractor Washington River Protection Solutions to reinstate former employee Shelly Doss and provide back pay and compensatory damages. Doss filed the complaint after she was laid off in October 2011, claiming that her dismissal was in retaliation to her reporting permit violations, recordkeeping errors, and lack of adherence to regulations. “It appears that Respondent was not serious about settling the first whistleblower complaint and treated Complainant’s protected activities with a callous disregard when her employment was terminated and when she was denied a subsequent employment opportunity,” states the Labor Department preliminary order. “There is reasonable cause to believe that Complainant’s protected activities were a motivating and contributing factor in the adverse actions taken against her.”
WRPS is reviewing the order, which it received Tuesday afternoon. “No decision has been made as to whether Washington River Protection Solutions will request a hearing on the matter before an administrative law judge. The company has 30 days in which to request such a hearing, according to a WRPS statement. “The employee was one of more than 200 employees who were laid off by the company in the fall of 2011 to align its employment levels with project work scope and federal funding. The employee’s raising of safety or environmental questions was not a factor in the selection for lay-off. Washington River Protection Solutions is committed to conducting its work at Hanford safely and in compliance with applicable requirements. Each WRPS employee is empowered and encouraged to raise safety or other workplace concerns.”
Sen. Ed Markey (D-Mass.) called for similar treatment for other whistleblowers at Hanford, specifically citing the high-profile cases of Walt Tamosaitis and Donna Busche. “This reinstatement is vindication for all those who are retaliated against in order to report serious safety violations that risk the well-being of Americans living near nuclear facilities,” Markey said in a statement. “It’s time to reinstate the other Hanford whistleblowers who’ve been wrongfully removed and establish a culture that allows employees to express their professional concerns about the design and construction of the facility without fear of reprisal or retaliation.”