Offshore Oil and Gas Worker Whistleblower Protection Act of 2010
Floor Speech
BREAK IN TRANSCRIPT
Ms. JACKSON LEE of Texas. I thank the distinguished chairman and I thank you for your constant forward thinking on the workers of America.
Coming from the gulf region, I don't know if any of you have ever seen an oil rig, particularly one as large as Deepwater Horizon. It is the home of the workers. It is their home away from home. They eat there, they sleep there, they work very hard there, and they recreate there. They're there 24 hours a day. Some may be a cook. Someone may be a sophisticated engineer. Some may be a seaman and that is their profession. But they're working there; and, therefore, they are looking to ensure that their home away from home is safe.
As I've listened to administration officials who are now all about the gulf, I can tell you that the workers who love their industry and love their jobs are excited about the call for transparency and protection and increased safety for this industry. They're excited about what is going on as it relates to those who would engage in telling the truth. If you look at the facts in some of the hearings that we've been in, you will know that there have been a lot of conversations with subordinates trying to talk to supervisors. Something was awry, but no one listened. We may have even heard that some companies left the rig early on because they were disturbed. Or as my colleague mentioned, the young man by the name of Jason who even told his wife, ``Prepare my will.'' And so it is important today that we stand up for the workers.
This is a concise, articulate, whistleblower language and legislation, prohibiting an employer from discharging or otherwise discriminating against anyone who talks to State or Federal officials or anyone else; telling the truth, saving lives. As well, it protects them if they prepare or testify in front of any governmental entity talking about unsafe conditions. Imagine how many lives that could save in any other industry as well.
The bill establishes a process for an employee to appeal, giving them the justice of the Constitution that does not deny you benefits without due process. Is that a problem? They live there. This is their home. It makes an aggrieved employee eligible for reinstatement and back pay. Some of these jobs are the only jobs these men or women can secure to protect and provide for their family. We live in the gulf. We're shrimpers and fishermen and oystermen; and yes, we work in this industry. It requires employers to post a notice that explains employee rights and remedies under the act.
I look forward to working with the chairman as we look at other ways of helping these employees who are under stress, providing mental health services and counseling after this terrible devastation. It may have to continue even after BP finishes their work. But this is the right direction to go. This speaks well of this Congress who will stand alongside of workers and make a difference in their lives and the lives of their families.
I ask you to vote for this legislation.
Today, I rise in support of H.R. 5851--the Offshore Oil and Gas Worker Whistleblower Protection Act. We are all well aware of the disaster that occurred when the Deepwater Horizon rig exploded, but it might have been prevented if we had listened to voices expressing concern. The men and woman who bravely come out and expose the injustices and violations that take place at their place of work are the eyes and ears for the American public. These people should be able to speak out freely with no fear of unfair repercussion.
In the aftermath of the disaster, it became clear that workers on the Deepwater Horizon rig harbored safety concerns prior to the explosion, but chose not to vocalize them over fear of retribution. Take, for example, Jason Anderson, who told both his wife and father that working conditions were not safe on the Deepwater Horizon. According to his wife Shelley's testimony before the Senate's Commerce, Science and Transportation committee, Jason was reluctant to talk about these concerns while on the rig and told her: ``I can't talk about it now. The walls are too thin.'' Another worker, Dewey Revette, reportedly had concerns with BPs plans to begin shutting down the well on the day it exploded. He continued to work despite his reluctance and lost his life hours later.
Workers on oil rigs, like the Deepwater Horizon, risk losing their jobs if they report dangerous workplace conditions. The workers performing clean-up activities on the Outer Continental Shelf similarly have no protections against employer retaliation for raising health and safety concerns. It is essential that workers be protected when they raise concerns about unsafe working conditions, and they must have the right to stop working if they fear they could be injured or killed. All workers, especially those in dangerous jobs, are in the best position to discover safety hazards. You can't have inspectors at all facilities at all times--these workers are enforcement agencies' eyes and ears when it comes to safety compliance.
Currently, there is no Federal law that protects offshore workers for blowing the whistle on workplace health and safety problems. This bill extends whistleblower protections to workers regarding Outer Continental Shelf oil and gas exploration, drilling, production, or cleanup, whose employers are engaged in those activities.
Federal whistleblowers have attempted to expose government actions that violate the law or harm the environment for decades. Their disclosures have helped the Federal Government improve environmental protection, nuclear safety, and national security, and their claims have helped safeguard the welfare of American citizens. Whistleblowers have gained credibility in recent years thanks in great part to organizations like the National Whistleblower Center (NWC), the Liberty Coalition, and the Government Accountability Project. The NWC is a non-profit, tax exempt educational and advocacy organization dedicated to helping whistleblowers make their case to lawmakers and other government leaders--a modern day safe haven for those who are willing to put their careers on the line to improve their government.
The bill is modeled after other modern whistleblower statutes and would prohibit an employer from discharging or otherwise discriminating against an employee who reports to the employer, or a Federal or State Government official that he or she reasonably believes the employer is violating the Outer Continental Shelf Lands Act (OCSLA). The legislation would also protect covered employees who prepare and/or testify about the alleged violation, report injuries or unsafe conditions related to the offshore work, refuse to work based on a good faith belief that the offshore work could cause injury or impairment or a spill, or refuse to perform in a manner that they believe violates the OCSLA.
Mr. Speaker, it is essential to protect workers with the courage to speak out when they see life-threatening safety-hazards or shortcuts. If we do not, we risk dire consequences. Whistleblowers are often forced to choose between remaining silent about a dangerous or illegal situation and risking their careers by telling the truth. We must reverse this unacceptable and unsustainable choice by passing this legislation.
BREAK IN TRANSCRIPT
Source