Cal-OSHA Probed Over Protection for ‘Whistle-Blowers’

The California Occupational Safety and Health Administration is under federal investigation over allegations that it failed to protect “whistle-blowers” who speak out about health and safety problems on the job, U.S. Labor Department officials confirmed Monday.

The investigation, which has been under way for several months, involves reviews of 104 cases in which employees of private companies and public agencies reportedly were disciplined or fired after filing complaints with Cal-OSHA about unsafe working conditions.

Hamilton Fairburn, assistant regional administrator for the federal Occupational Safety and Health Administration, which monitors the state agency, said the investigation should be completed some time next month. The major focus, he added, is on the state’s procedures for responding to complaints.

The federal government is empowered to take over the state program or withdraw half its $28-million budget if California is found to be improperly enforcing labor law. But federal labor officials in Washington and in the San Francisco regional office said that is unlikely.

“If the final report discloses deficiencies, our next step will be to ask them to make changes,” Fairburn said. “I don’t see any reason why they wouldn’t.”

The investigation was triggered by a complaint filed by a former employee of the Metropolitan Water District who maintains that he was harassed and later fired because he spoke out about dangerous conditions at the Eagle Mountain Pumping Plant, where he worked.

Keith Gray said he observed electrical workers crouched on their hands and knees within six inches of 2,300-volt live wires.

He said he reported the incident to his supervisors but was told to mind his own business. Gray said he was fired after reporting it to the state agency.

A hearing officer employed by the state labor commissioner upheld Gray’s complaint and ordered him rehired on two separate occasions as far back as 1979. However, the state took no action to force his reinstatement until earlier this year, when it filed suit on his behalf. That action came after Gray lodged an official complaint against the state with the U.S. Department of Labor.

“I had to file suit to get them to do what was required by law,” Gray told The Times.

Fairburn generally substantiated Gray’s version of what happened, adding that he and other federal officials agreed that the state “should have done something far sooner.” However, Fairburn said, reasons why the state delayed are “a matter of interpretation.”

California Director of Industrial Relations Ronald T. Rinaldi, who oversees Cal-OSHA, denied that the state program has any serious flaws, adding that Gray’s complaint was not intentionally ignored.

According to Rinaldi, Gray had been ill and was not ready to return to work until this year. “There was no foot-dragging,” he said.

Both federal and state laws contain provisions protecting employees from retaliation for complaining about dangerous situations.

Of the 104 cases reviewed by federal officials, 22 reportedly involved situations like Gray’s, in which a hearing officer reportedly upheld the allegations but the state either delayed or took no legal action to protect the employee.

Fairburn said 10 separate complaints were filed against Cal-OSHA last year for allegedly failing to protect those who had complaints.

Rinaldi said he believes the state will be vindicated.

“There were no major substantive problems I’m aware of,” he said. “Obviously, when you are dealing with discrimination issues it’s difficult. I’m more than willing to sit down with the labor commissioner and look into the procedures that were used.”

U.S. Undersecretary of Labor Ford B. Ford is scheduled to meet with Gov. George Deukmejian later this week. A spokesman for Ford said the meeting was arranged some time ago to discuss other matters.