Judge: Workers must be protected

HERMISTON, Ore. – A Umatilla County judge ordered stronger whistleblower protections for workers who have safety concerns about the U.S. Army’s Umatilla Chemical Agent Disposal Facility.

Circuit Court Judge Michael Marcus directed the Oregon Department of Environmental Quality this week to modify the Army’s incinerator permit to protect workers who raise concerns about hazards and environmental violations.

Marcus, however, ruled against efforts by G.A.S.P., a Hermiston-based group that opposes incineration, to require the state to revoke the permit because of flawed technology.

Mick Harrison, an attorney for G.A.S.P., said the decision significantly strengthens workers’ rights at hazardous waste plants across the nation.

“Workers no longer need to fear retaliation for simply telling the truth,” Harrison told the East Oregonian.

This week’s ruling does not alter plans by the U.S. Army and the state to begin incinerating weapons by mid- to late August.

Destroying the munitions and shutting down the Umatilla plant is expected to take the next six years – three years past the initial deadline set by international treaty – and cost a total of $24 billion.

In his 47-page opinion, Marcus ordered the chemical depot, the Army’s weapons elimination program, and the Washington Demilitarization Co. to notify workers “of their obligation to report good faith concerns regarding the safety of workers, the public, or the environment.”

He also directed them to assure that workers would not be punished for expressing their concerns, lest they endanger “human health and the environment.”

The Washington Demilitarization Co., which will operate the incinerator complex, already has a program that allows workers to raise safety concerns, said Rick Kelley, manager of protocol and public affairs.

He said eight workers have expressed concerns in the past year.

G.A.S.P., the Hermiston group, had argued that the chemical depot ignored potential risks posed by the incineration plan, such as toxic emissions, and failed to consider other methods to destroy weapons.

But Marcus said there was no legal basis to reverse the permit based on those concerns.

G.A.S.P. member Karyn Jones said the group plans to appeal the ruling.

Two earlier G.A.S.P. lawsuits were decided in the state’s favor and are pending in the Oregon Court of Appeals, Jones said.