Region 9 News Release: 09-1102-SAN (SF-09)
Sept. 10, 2009
Contact: Deanne Amaden
Phone: 415-625-2630

SAN FRANCISCO -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has filed a whistleblower suit on behalf of a worker fired by a government contractor responsible for cleaning up unexploded ordnance at the Camp Pendleton Marine base in San Diego County.

The suit alleges that Anchorage, Alaska-based Bering Sea Eccotech terminated a worker who complained of safety violations after observing two incidents of dangerous on-the-job explosions. The worker was laid off shortly after sending e-mails to upper management expressing safety concerns and was barred from re-hire. Bering Sea Eccotech, wholly owned by Tanadgusix Corp., specializes in unexploded ordnance clean-up, range management and remediation services.

The former employee filed a complaint with OSHA in 2007 alleging retaliation by Bering Sea Eccotech in violation of Section 11(c) of the Occupational Safety and Health (OSH) Act. OSHA investigated the complaint and determined it had merit. After being notified of OSHA's findings, the employer refused to reinstate the worker to the same or a substantially equivalent position of employment, and refused to pay back wages or other employment benefits.

"Workers must be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Ken Nishiyama Atha, OSHA's regional administrator in San Francisco. "This lawsuit underscores the Labor Department's commitment to act vigorously in protecting those rights to ensure our workplaces are safe for all workers."

Filed in the U.S. District Court for the Southern District of California Sept. 3, the suit seeks to reinstate the employee, secure compensatory damages and lost wages, and require the company to post a notice in a prominent place for 60 days that explains employee rights under Section 11(c) of the OSH Act.

OSHA enforces the whistleblower provisions of the OSH Act and 16 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at: http://www.whistleblowers.gov/index.html.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

Solis v. Bering Sea Eccotech
Civil Action Number: 3:09-cv-01939BEN-JMA

U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.