Protection for Nuclear Whistleblowers
| Frequently Asked Questions: | |
What Federal Laws
Protect Nuclear Whistleblowers?
Whistleblowers in the nuclear power and nuclear weapons industries are specifically protected under section 211 of the Energy Reorganization Act. When used, these laws have been effective in protecting employees who expose public health and safety violations.
Who Is Protected?
Almost any employee, whether employed in the private sector or by a local, state or federal government agency. Moreover, any employee of a Nuclear Regulatory Commission or Department of Energy regulated licensee, utility, contractor, subcontractor, agent or any other employer, can file under nuclear provisions.
Who Can File a Complaint?
Any employee who believes he or she has been discriminated against in retaliation for "blowing the whistle" on a safety problem or environmental violation, or for engaging in other activity protected under the law.
What is Illegal Discrimination?
Almost any adverse change to the whistleblower's terms and conditions of employment is prohibited. This includes a wide range of actions form reprimands and down-graded evaluations to terminations and blacklisting.
Where Should Complaints Be Filed?
These laws are administered by the U.S. Department of Labor (DOL). Complaints must be filed in writing and should be filed with the local OSHA Office of the DOL and/or mailed to:
What Are the Statutes Of Limitations?
A nuclear industry employee filing a complaint under the Energy Reorganization Act must file within 180 days.
Do Other Laws Protect Whistleblowers?
Many states have enacted laws to protect whistleblowers. Most of these laws have a longer statue of limitations and other benefits unavailable under federal law.
See Overview of A Whistleblower Claim for more information.
The DOL has made changes to the regulations for adjudicating
all federal enviromental and nuclear whistleblower cases. These new regulations
have been published in the Federal Register and are also available on the
Internet. The Center strongly recomends that all attorneys, who are currently
litigating cases before the DOL or who represnet potential whistleblowers,
carefully review these changes. These changes went into effect March 11,
1998. Click the heading above to review these changes.Department
of Labor Changes Regulations.
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