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Bob Whitmore, a former federal OSHA official who contends the government has allowed companies to underreport workplace injuries, has filed a complaint alleging he was fired from his job in retaliation for speaking out about his agency's failings.
His whistle-blower complaint is set to be heard by the federal Merit Systems Protection Board in early December.
Formerly head of OSHA's record-keeping unit, Whitmore alleges agency officials want to silence his criticism and stop his push for a more aggressive approach with employers who underreport workplace injuries.
"When you challenge the agency's motives and integrity, that's heresy," Whitmore said Wednesday. "Obviously I did that. And I've paid the price for doing that."
Attorneys for Public Employees for Environmental Responsibility, a nonprofit that advocates for state and federal government workers, will represent Whitmore for free.
The MSPB hears complaints from federal employees who feel they have been unfairly treated or fired. In the large majority of complaints, the board rules in favor of the federal agencies. Employees who don't prevail before the MSPB can appeal to federal court.
Observer reporters spoke with Whitmore while reporting on injuries inside poultry plants. The newspaper's investigation, published in February 2008, found that a number of injured employees weren't showing up on company injury logs. That made plants appear safer than they actually were.
In years past, leaders of the federal Occupational Safety and Health Administration have pointed to declining injury rates as proof of the agency's success. But in interviews and a congressional hearing, Whitmore alleged that OSHA has allowed employers to underreport workplace injuries.
OSHA says Whitmore intimidated co-workers and made them feel unsafe at work. The agency began investigating Whitmore after a July 2007 confrontation with Joe DuBois, his supervisor. Whitmore said DuBois spit on him, so Whitmore stuck his foot in the office door and said he would "kick your ass" if DuBois did it again. DuBois has said that he didn't intentionally spit on Whitmore, and he didn't believe the effort to fire Whitmore was based on his criticisms.
Whitmore, 62, was placed on paid leave for more than two years after the confrontation. He was removed from his job July 31.
He said he consistently got high performance rankings during all but the last few of his years with OSHA.
