FederalDaily - November 2, 2006
Feds Indicate Poor Dealings with OSC
In a new report, nearly 90 percent of federal whistleblowers surveyed expressed dissatisfaction with
the Office of Special Counsel (OSC), whose mission it is to protect federal employees from prohibited
personnel practices. In answer to the OSC survey question, “Did you obtain the result that you
wanted from OSC?” nine (6 percent) answered yes and 220 (89 percent) answered no. The FY 2005
survey is part of an annual OSC report on its performance. Of 118 whistleblowers who filed complaints
of retaliation, only four indicated they obtained any relief. Also, nearly twice as many whistleblowers
(seven) obtained relief on their own after OSC had dismissed their complaints as obtained relief while
their complaints were before OSC. The survey results show a decline in relief obtained for whistleblowers.
For example, in the FY 1997 survey, 10 times more employees (45) obtained settlements while their complaints
were before OSC than in FY 2005. The survey results were released on Oct. 31 by the Public Employees
for Environmental Responsibility (PEER), which obtained them via a federal Freedom of Information Act
request. To see the survey, go to: http://www.peer.org/docs/osc/06_31_10_survey_results_fy05.pdf
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USPS Vermont Facility Cited By OSHA
Sparked by employee complaints, the Occupational Safety and Health Administration (OSHA) cited the
U.S. Postal Service mail processing facility in White River Junction, Vt., for alleged willful and
serious violations of safety and health standards. The facility faces a total of $44,250 in proposed
fines, OSHA said Oct. 31. OSHA’s inspections began in May and found a bulk mail processing machine
had inadequate shielding around its moving parts—exposing employees to lacerations and fractures.
Furthermore, the facility failed to provide adequate guarding even after a job-safety analysis identified
the hazard. Also, OSHA found employees and supervisors were handling and cleaning up spills of unknown
materials without proper respiratory protection, said OSHA Area Director Rosemarie Ohar. “Although
no injuries have yet resulted, failure to follow these safeguards places first responder employees
at risk of inhaling unknown and potentially hazardous substances,” Ohar said. The White
River Junction facility has15 business days from receipt of its citations to appeal, Ohar said. To
see more, go to: www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=
NEWS_RELEASES&p_id=12882
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Fired Air Marshal Files Suit Against TSA
A fired federal air marshal filed suit against the Transportation Security Administration (TSA) for
terminating him after he revealed in 2003 an unclassified plan to remove marshals from long-distance
flights. Robert MacLean, 36, filed the lawsuit Oct. 30, seeking his job back following the April 10
firing. His disclosure came just days after the agency had warned airlines of a hijacking threat to
overseas flights and sparked a furor in Congress, forcing the TSA to reverse its decision. In his lawsuit—filed
with the U.S. Ninth Circuit Court of Appeals—MacLean challenges the agency’s contention
that the information was sensitive and should not have been disclosed. Two government watchdog groups,
the Government Accountability Project (GAP) and the Project on Government Oversight (POGO), support
MacLean’s lawsuit. They note that TSA’s plan was at odds with federal law, which made guarding
such flights a priority. “MacLean’s termination is a case study in the abuse of government
secrecy,” said POGO investigator Nick Schwellenbach. “MacLean disclosed this information
in the interest of homeland security, but TSA’s ham-fisted management retaliated against him
anyway.” To see more, go to www.pogo.org/p/government/ga-061001-tsa.html
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