for more information contact:
Craig Williams: 859-986-7565
Mick Harrison: 859-321-1586
For Immediate Release: Tuesday, August 13, 2002
A chemist and former employee at Utah's Dugway Proving Ground, Dr. David W. Hall, was recently awarded $1.5 million in suing the Department of the Army for harrassment after he raised safety concerns about the Army's handling of hazardous wastes, chemical warfare agents and other toxic substances.
In the final ruling by Judge David W. DiNardi, the Judge praised Hall for being a "dedicated, conscientious and highly motivated public citizen," and blasted the Army's management style and environmental compliance record at Dugway Proving Ground, a military base where chemical and biological weapons have been tested for decades. Citizens living near U.S. chemical weapons stockpile sites note similarities in mismanagement, environmental violations and unacceptable worker risks brought to light in Dr. Hall's case, and the continued problems faced at chemical weapons incinerator sites in Utah and elsewhere.
Hall worked as a chemist at Dugway for ten years, during which
he "raised concerns regarding potential violations of environmental
laws involving hazardous wastes, hazardous substances , and chemical
warfare agent." In what the judge called, "a conspiracy
against him," Hall was demoted, stripped of his security
clearance, given false work evaluations and subjected to repeated
mental exams - all in an effort to stop his protected reporting
activities.
Among some of the issues Hall raised, were that the Army: dumped
toxic waste down a drain that went to the community water supply;
faked agent penetration tests for gas masks, like those used in
the Gulf War; exposed humans to chemical warfare agents and other
toxic chemicals; and ignored employees taking hazardous chemicals
home with them.
Referring to concerns surrounding September 11, Judge DiNardi said that it is, "especially important for federal employees to feel free to report waste, fraud and abuse without fear of reprisal." Dugway has been named as one of the suspected sites as the source of the anthrax used in the letters mailed to Capitol Hill and elsewhere.
Mick Harrison, Dr. Hall's attorney said, "This decision from the Department of Labor sends an important precedent-setting message to the Army and employers in Utah and nationwide: Employees that raise safety and environmental concerns will be protected from employer retaliation." Harrison also noted, "This ruling comes at a critical time for a number of conscientious workers who are raising similar concerns regarding safety and environmental violations at the Army's chemical weapons incinerator in Tooele."
On July 15, 2002 several workers at the Army's Tooele, Utah incinerator were exposed to Sarin (GB) nerve agent. That incident was the latest of numerous incidents where chemical agents have been released within and outisde of the plant, putting workers and the public at risk. Since the Tooele incinerator began operations in 1996, several high-ranking whistleblowers, including the Chief Safety Officer, Chief Environmental Compliance Officer and even the Plant Manager, have raised serious safety concerns about the facililty.
Craig Williams, director of the Chemical Weapons Working Group said, "The workers at the Tooele incinerator are on the front line of this country's attempts to rid ourselves of these dangerous materials. They deserve the utmost protection and responsibility by the military and their contractor - unfortunately they are not receiving either."
This past April, another worker levied charges at the Utah
incinerator citing, among other things:
"These are the very same types of allegations Dr. Hall raised at Dugway," said Williams. "The pattern of misconduct is unmistakable, and it must be changed."
One of the key complaints among workers at the Tooele incinerator is that the Army is putting deadlines and program schedules over worker safety. This is especially problematic as the incinerator will soon attempt to burn VX nerve agents, the most deadly of the chemicals.
Citizens in Anniston, Alabama and Umatilla, Oregon are watching closely the events in Utah, as the Army hopes to begin burning chemical weapons at those stockpile sites. At both of these sites, the Army is seeking major modifications to the incinerators by forcing larger quantities of munitions through the furnaces than they were designed or permitted to handle. Williams noted, "Pushing the limits of a flawed technology is unsafe and violates the Congressional mandate to provide 'Maximum Protection' to workers, the public and the environment."
Cindy King of the Utah Sierra Club, advocating safe, non-incineration technologies for chemical weapons disposal, wondered "What will it take to make those in charge of the chemical weapons program prioritize worker safety and protection of public health? Dr. Hall's case is a perfect example of the lengths the Army is willing to go to cover up their mistakes. Hopefully this ruling will be heard all the way to the Pentagon and actions will be taken to support, not condemn, workers who want to do the right thing."
Copies of Dr. Hall's Department of Labor ruling are available
from the CWWG.
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