Published:
June 21, 2006
12:03 am
Complaint may result in formal
hearing
Depot
worker assigned to different area after filing grievance
Ronica Shannon
Register News Writer
The case of a Blue Grass Army Depot whistleblower may end in
court, according to Gen. Richard Condit, PEER (Public Employees for
Environmental Responsibility) General Counsel Richard Condit, who is
representing Donald VanWinkle of Berea.
"If either party is not
satisfied with the outcome (of the investigations), they can ask for a
hearing," Condit said. "This would be more formal and call for
witnesses."
Van Winkle released an official affidavit on Aug.
25, 2005, summarizing his concerns. His complaint was filed under the
Clean Air Act and the Resource Conservation and Recovery Act.
"In
February or March of this year, I, along with other BGAD employees,
attended training sessions with the manufacturer of the air-monitoring
equipment we use," VanWinkle wrote in his affidavit. "During our
training, we learned that the (air) sampling (methods) being used at
BGAD to monitor the seven igloos that store munitions containing agent
VX were incorrect."
He was formerly employed as an
air-monitoring unit operator. These units are designed to detect leaks
of chemical warfare agents.
Since filing the complaint, he is
only allowed to work on assignments that do not involve access to areas
where chemical warfare agents are stored. He will remain in this
position until all investigations are complete and the Army makes a
final decision regarding his status as an employee, Condit said.
He
also has been suspended from the Army’s personal liability program.
Thomas A. Bilyeu, director of chemical operations for the Army's
Chemical Material Agency, sent a recommendation to VanWinkle on Jan. 30
suggesting his permanent disqualification from the program.
The
personal reliability program requires employees to be emotionally
stable, physically capable and demonstrate reliability and professional
competence.
The U.S. Department of Labo'’s OSHA (the
Occupational Safety and Health Administration) is still investigating
VanWinkle's claims. OSHA's mission is to assure the safety and health
of America's workers by setting and enforcing standards, providing
training, outreach and education.
Another investigation is
being conducted simultaneously by the U.S. Inspector General's office.
The results of the investigation were to be released in December 2005,
but PEER has received no notification of the results.
Condit is not sure as to how long the investigations will take.
"Two
months ago, we tried to get the (Inspector General's) inspection
report, but was told that they were still in deliberation," Condit
said.
VanWinkle will remain suspended from the personal
reliability program, and from his job working with the chemical
weapons, until all investigations are complete and the results are
compiled.
Despite VanWinkle's claims, a recent routine
inspection from the Department of Army Inspector General's office was,
found the chemical monitoring areas to be protective and efficient.
This inspection is done every two years.
"Hopefully, what's being reported is accurate and it would be a good
sign that the monitoring has improved," Condit said.
Ronica Shannon can be reached at
rshannon@richmondregister.com or 623-1669, Ext. 234.