Employment Law

The Solid Waste Disposal Act regulates plans and facilities for disposing of solid wastes and for recovering energy and other resources from the solid wastes. Under Section 7001 of the Act, employees are protected from discrimination or firing by their employer for participating in a proceeding to enforce any requirement of the Act. Section 7001, 42 U.S.C.S. § 6971, provides:

No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter or under any applicable implementation plan, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter or of any applicable implementation plan.

OSHA role

While the Environmental Protection Agency administers the general provisions of the Solid Waste Disposal Act, employee complaints of discrimination are filed with and handled by the Occupational Safety and Health Administration within the Department of Labor. Such complaints must be filed within 30 days after the violation of Section 7001 occurs (although that deadline may be tolled if the discrimination is continuing in nature).

Section 7001 of the Solid Waste Disposal Act protects employees who themselves or through others provide information, file complaints, or participate in any manner in a proceeding related to administration or enforcement of the Solid Waste Disposal Act. An employee's complaint to management or refusal to perform work due to conditions that the employee reasonably believes are unsafe or unhealthful may be considered participation in a proceeding under the Act.

Actionable discrimination under the Act is viewed broadly and includes not only termination from employment but also any discrimination in compensation, terms, conditions, or privileges of employment attributable to the employee's participation in a Solid Waste Disposal Act proceeding.

Complaint procedures

Complaints of discrimination received by OSHA are reviewed by supervisors who in turn will notify EPA of any potential environmental hazards disclosed by the complaint. The complaint letter, with witness names redacted, is sent to the respondent and the local EPA office, and an investigation is conducted by OSHA. A written notice of the results of the investigation and, if appropriate, an order of abatement should be completed within 30 days.

Remedies for the employee include abatement of the discrimination including, but not limited to, rehiring or reinstatement of the employee or representative of employees to his former position with compensation. The employee or representative discriminated against also may be awarded all costs and expenses, including attorney fees, in seeking relief from the discrimination.