What laws protect Nuclear Whistleblowers?
Section 211 of the Energy Reorganization Act of 1978 (ERA) protects employees who raise concerns about nuclear safety. Under the ERA, employees who experience retaliation as a result of disclosing violations of Nuclear Regulatory Commission (“NRC”) rules or issues implicating nuclear safety can file a complaint with the Occupational Safety and Health Administration (OSHA) within 180 days of the date on which the discriminatory decision has been made and communicated to the employee. In addition, some states provide additional statutory or common law protections. What activities are protected? An employee participates in protected activity by providing specific information to the employer, the NRC, or Congress concerning issues implicating nuclear safety or a violation of NRC rules. Examples include: 1. Refusing to engage in a practice that is unlawful under NRC rules; 2. Testifying in an NRC enforcement proceeding; 3. Filing nonconformance reports; 4. Revealing “potential quality assur
