There’s
been some attention lately to the issue of whether or not plant workers
at nuclear plants located on federal property can file lawsuits in
state courts if they believe they were let go or had their performance
downgraded for raising safety issues. This issue is been raised
specifically for the
San Onfore Nuclear Generating Station in California, which leases land from Camp Pendleton.
To
be clear, the NRC and the U.S. Department of Labor (DOL) have authority
to enforce federal law protecting workers from discrimination for
having raised safety concerns. This authority extends to all plants
regardless of the location.
The
NRC responds to safety concerns raised by any person, and when
warranted, takes action against a nuclear facility regardless of where
the plant is located. In fact, it is illegal for licensees to take
discriminatory action against a worker for raising safety concerns to
management or the NRC.
Allegations
of discrimination may be investigated by both the NRC and DOL. The
Energy Reorganization Act (Section 211) provides a personal remedy
through the DOL, such as “reinstatement” and “compensation for lost
wages when an employer is found by DOL to have discriminated against an
alleger.” The NRC’s authority involves issuing a fine or other
enforcement action to the licensee when retaliation against a worker has
occurred.
If an
allegation
is brought to the NRC, it is assigned to an Allegation Coordinator, who
then arranges for an evaluation of the concern. This evaluation can
result in an investigation, and in some cases, enforcement action
against the licensee. There is even a program offered that allows an
individual and employer (or former employer) the opportunity to resolve
the individual’s allegation of discrimination using a trained mediator
to help settle the dispute.
The
NRC believes all workers must feel free to raise concerns to their
employers so that issues can be dealt with quickly. At any time,
however, employees and members of the public have the option of bringing
safety concerns directly to the NRC. In no way should nuclear plant
workers in any state feel as though their concerns will not be heard.
If any person wishes to raise a safety concern anonymously, please contact the NRC via email
ALLEGATION@nrc.gov or call the toll-free safety hotline at
1-800-695-7403.
Lara Uselding
Region IV Public Affairs
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