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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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OSC:
Prisons Exposed Staff and Inmates to Hazardous Materials
Federal Bureau of Prisons Has Failed to Address Concerns in Report
FOR IMMEDIATE RELEASE - 4/4/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON – The agency responsible for
overseeing federal prisons has failed to address concerns about hazardous
material exposure, according to the U.S. Office of Special Counsel (OSC), the
division of the executive branch that handles most whistleblower claims.
OSC yesterday transmitted a letter to President
Bush detailing findings and recommendations regarding allegations of violations
of law, rule, or regulation, abuse of authority, and substantial and specific
dangers to public health and safety at the Department of Justice (DOJ), Federal
Bureau of Prisons (BOP).
The whistleblower, Leroy A. Smith, Jr., a Safety
Manager formerly stationed at United States Penitentiary Atwater, California (USP
Atwater), disclosed that the Federal Bureau of Prisons (BOP) and Federal Prison
Industries, Inc. (FPI) managers recklessly, and in some cases knowingly, exposed
inmate workers and staff to unsafe levels of lead, cadmium, and other hazardous
materials over a period of years. According to the Occupational Health and
Safety Administration (OSHA), overexposure to these materials can cause cancer,
kidney disease, disruption of the blood-forming system, damage to the central
nervous system, impairment of the reproductive system, or even death.
Mr. Smith disclosed that inmate workers and
civilian staff in a computer recycling facility located at USP Atwater were
being exposed to hazardous materials. On the basis of air quality testing, he
repeatedly suspended operations in the facility, but management either ignored
his directions or reactivated operations without implementing recommended, and
in some cases required, safety measures. Mr. Smith further disclosed that BOP
and FPI located a food service area in the recycling facility at USP Atwater
despite the fact that it was exposed to the toxic materials in violation of OSHA
regulations. Finally, Mr. Smith disclosed that in attempting to address these
safety concerns at USP Atwater, he learned of similar dangers at Federal
Correctional Institution (FCI) Elkton, Ohio, FCI La Tuna, Texas, FCI Marianna,
Florida, and FCI Texarkana, Texas.
OSC transmitted Mr. Smith’s disclosures to
then-Attorney General John Ashcroft to conduct an investigation, who delegated
responsibility for this investigation to BOP Director Harley G. Lappin. BOP
produced initial and supplemental reports in which it maintained that BOP and
FPI staff had actively engaged in efforts to mitigate the dangers associated
with the recycling of CRTs once they became apparent. The agency found that BOP
and FPI management and staff took “appropriate steps to ensure factories [were]
operating safely.”
Mr. Smith vigorously disputed the agency’s
findings and provided OSC with extensive documentary evidence to support his
account of events surrounding recycling activities at USP Atwater. According to
Mr. Smith, these documents demonstrated that management knowingly violated OSHA
regulations. Mr. Smith maintained that the agency’s investigation into his
disclosure “was not impartial or comprehensive.”
Special Counsel Scott Bloch concluded that the
agency’s findings were unreasonable and that its reports were deficient. In
particular, the agency made little effort to explain how available documentary
evidence could be reconciled with the conclusions of its investigation.
Moreover, the agency’s findings relied on strained interpretations of applicable
rules in order to justify its past actions, and the agency’s investigation into
conditions at institutions other than USP Atwater appeared to have been cursory
at best. In light of these and other defects, the Special Counsel observed that
a thorough, independent, and impartial investigation into computer recycling
activities at BOP institutions is still required.
Bloch said, “this is a matter where real concerns
exist that need to be addressed. Unfortunately, they have not been addressed,
and we find ourselves at an impasse.”
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The U.S.
Office of Special Counsel (OSC) is an independent investigative and
prosecutorial agency and operates as a secure channel for disclosures of
whistleblower complaints. Its primary mission is to safeguard the merit
system in federal employment by protecting federal employees and applicants
from prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act (USERRA). For more
information please visit our web site at
www.osc.gov or call 1 (800) 872-9855.
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