OSHA Takes Action Against North Dakota DEQ for Whistleblower Retaliation

OSHA Takes Action Against North Dakota DEQ for Whistleblower Retaliation

Agency faces consequences for penalizing an employee reporting water safety concerns.

The North Dakota Department of Environmental Quality (DEQ)—responsible for protecting the state's air and water resources—is now under scrutiny for whistleblower retaliation.

In a release dated August 23, the U.S. Department of Labor (DOL) announced the results of an OSHA investigation into the matter. The DEQ reportedly wrongfully penalized an environmental scientist who brought forward concerns about the public water system, both to DEQ management and later the U.S. Environmental Protection Agency (EPA).

OSHA enforces the whistleblower provisions of the Safe Drinking Water Act, among other statutes that protect employees who expose various workplace infringements. Now the agency’s inquiry revealed that the employee—a seven-year veteran of the DEQ—highlighted these safety issues over the course of six months.

The employee’s concerns included reporting inaccuracies, data collection flaws and serious sanitary breaches later downgraded to minor issues. After the scientist contacted the EPA, the DEQ requested the worker cease communication with the EPA and issued a written reprimand on July 1, 2022. Now OSHA is ordering this reprimand is removed from the employee’s file.

“Employees have the right to report potential violations related to safe drinking water, and it is illegal for employers to retaliate against those who do,” OSHA Regional Administrator Jennifer S. Rous in Denver said in a statement. “Our investigation and actions on the environmental scientist’s behalf reflect the U.S. Department of Labor’s determination to make sure workers’ rights are protected.”

The DEQ and the employee have a 30-day window, from receiving the agency's order, to lodge objections or seek a hearing with the department’s Office of Administrative Law Judges.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

Product Showcase

  • Kestrel 5400 Heat Stress Tracker WBGT Monitoring for Workplace Safety

    Ensure safety with the Kestrel® 5400 Heat Stress Tracker, the go-to choice for safety professionals and endorsed by the Heat Safety & Performance Coalition. This robust, waterless WBGT meter is ideal for both indoor and outdoor environments, offering advanced monitoring and data logging essential for OSHA compliance. It features pre-programmed ACGIH guidelines and alert settings to quickly signal critical conditions. Integrated with the cloud-based Ambient Weather Network, the 5400 allows managers to view, track, and log job site conditions remotely, ensuring constant awareness of potential hazards. Its capability for real-time mobile alerts and remote data access promotes proactive safety management and workplace protection, solidifying its role as a crucial tool in industrial hygiene. Read More

  • HAZ LO HEADLAMPS

    With alkaline or rechargeable options, these safety rated, Class 1, Div. 1 Headlamps provide long runtime with both spot and flood options in the same light. Work safely and avoid trip hazards with flexible hands-free lighting from Streamlight. Read More

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

Featured