You Decide: Whistleblowing
Ethics & Legal Issues in the Professions
Duane Portwood

Wooden, the largest employer in Littlebury, makes wooden objects from shaving and shaping logs. The factory processes about 1,000 logs a day and is open 24 hours, 7 days a week. The entire factory, rafters to floor, is covered by at least an inch of wood dust. The wood dust is not just sitting on everything, but it is also in the air the employees are breathing; they have complained for years, but the owners have not come up with a method to clean the factory on a regular schedule.
The airborne wood dust is a definite work hazard, not only because of the possibility of exploding, but also because of the respiratory problem that could arise later in life for those breathing in the dust. In light of the recent incident witnessed by Karen, I believe that I should report this problem to the federal Occupational Safety and Health Administration (OSHA) and would try to report it anonymously, so that I do not to jeopardize my job. I would call OSHA from a pay phone and start the conversation by saying: “I work at Wooden, and there is at least an inch of wood dust on everything on the factory floor. One of my co-workers saw some quick sparks a few days ago. She reported it to her manager and was told not to worry about it. We are concerned, however, and we would like OSHA to investigate.” I would then inform OSHA that I brought this incident to the attention of the safety coordinator, my area manager, and the owner, and would explain what each told me. “My safety coordinator said that wood dust is not explosive, but he would schedule a major clean up next month. My manager told me that based on his 30 years in this industry, he knows a dangerous situation when he sees it; he said a major clean up would stop production for two days, and I should not make trouble. The owner told me that I can’t prove that there is a fire or an explosion hazard on the factory floor and that I should only come to him when I have a definite safety issue. He also informed me that reporting anything less than an actual safety issue would be considered slander against him or his company and that he does not like disloyal employees.” If I do not report this hazard to OSHA and the issue is not resolved, there could be an explosion. The factory would then shut down for a lengthy period of time for clean-up and rebuilding, so why not instead have OSHA force the clean–up? Wooden would only be down for two days, and the clean-up would ensure that there is no loss of life. At the same time, OSHA could also require that management put some kind of collection system in place to collect the wood dust so that everyone is not inhaling it. This would help with health issues, both now and in the future. It could also reduce insurance premiums paid by the company and its employees. The safety coordinator’s lack of understanding about dust explosions, the manager’s suggestion not to start any trouble, and the owner’s threatening my job are all examples of management’s incompetence and, perhaps, an intentional violation of OSHA regulations. Because of the inaction of the management team and safety coordinator, these infractions warrant at least an investigation; my reporting of this hazard should also fall under OSHA’s Whistleblower Protection Program, given the company’s lack of concern for employee safety and threats made to employees. Management seems to have tunnel vision and only care about keeping production going. Considering the risk to people’s lives and the company’s future, this seems a little short-sighted to me.