California

Kodiak Whistleblower Case Settled By Coast Guard

Industry > Pollution

August 29, 2006

Huntington Beach, CA - The U.S. Coast Guard has settled a complaint brought by a civilian employee at the Kodiak Coast Guard Base by cutting the employee a check for $15,910 and agreeing to train managers on Base about federal whistleblower protection laws.

The check was issued in May as part of a settlement for allegedly reprimanding an employee after he raised environmental concerns.

Although the Coast Guard did not admit any wrongdoing in the settlement, it sent a letter of apology to Ed DeNoyelles, the environmental program manager for the Base, who brought the complaints.

According to the settlement, the Base also agreed to train its managers on personnel practices, including 'prohibitions against retaliation and discrimination' under whistleblower protection laws.

The settlement also requires the Coast Guard to post signs informing employees of their right to file a complaint with the U.S. Occupational Safety and Health Administration, OSHA, if they believe they are being illegally reprimanded.

Lieutenant Commander William G. Smith II, environment branch chief of the Base, said the environmental issues and the personnel matters are separate.

DeNoyelles was concerned about how the Base reported past wastewater handling, so he contacted the EPA to inquire about the matter.

From the early 1980s until 2005, water with trace amounts of cadmium was allowed to run off into Womens Bay and the southern end of St. Paul Harbor. The runoff was the product of cleaning C-130 turboprop engines.

Smith and DeNoyelles agree that the cadmium issue was solved when the Coast Guard started collecting the runoff in May 2005.

According to a report submitted to the EPA by the Coast Guard, the turbine engines are cleaned with a system called gas path cleaning, which is technical jargon for thorough cleaning using water and a cleaner called MA-109C. Alcohol is added to the cleaning solution in cold weather to prevent freezing.

MA-109C contains no hazardous material, but the blades inside the Coast Guard engines are coated with nickel and cadmium to prevent corrosion. After the engines are cleaned, cadmium can be detected in the runoff.

Cadmium is an element and a probable human carcinogen, according to EPA. It can accumulate in the fat cells of animals, including mammals that eat fish in cadmium-laced waters.

Coast Guard and U.S. Navy bases around the country have found various solutions for the problem in recent years. The Kodiak program collects the runoff and ships it off-island for disposal.

At present, Emerald Services has been shipping the wastewater to a company in Idaho, which has an approved facility for handling the wastewater.

Meantime, C-130 turbines are being replaced. The newer turbines have aluminum blades, so the runoff during cleaning has no cadmium.

In affidavits to OSHA DeNoyelles' supervisors wrote they had counseled DeNoyelles more than once about Coast Guard policies requiring employees to communicate up the chain of command, particularly when it comes to 'sensitive issues.'

Smith and Daniel Guenthner, DeNoyelles' civilian supervisors, were not happy with DeNoyelles. According to DeNoyelles, Daniel Guenthner was retaliating against him for contacting the EPA.

Smith arrived in Kodiak in June 2005. The cadmium-laced wastewater was already in control, but the relationship between Guenthner and DeNoyelles was deteriorating. DeNoyelles filed a complaint with OSHA in January, 2006.

In Alaska, employees have a right to contact the Alaska Department of Environmental Conservation or the EPA, Coleman said.

QUIKSILVER RECALLS CHILDREN'S LOUNGE PANTS DUE TO BURN HAZARD

The U.S. Consumer Product Safety Commission, in cooperation with Quiksilver Incorporated, of Huntington Beach, California, today announced a voluntary recall of Quiksilver and Roxy Girl lounge pants.

Consumers should stop using recalled products immediately unless otherwise instructed.

The name of the product is Quiksilver and Roxy Girl lounge pants.

The quantity of the recalled product is about 48,000.

The name of the Distributors is Quiksilver Incorporated, of Huntington Beach, California.

The hazard associated with the recall product is that these lounge pants fail to meet the children's sleepwear flammability standards, posing a risk of burn injury to children, due to the possible ignition of the garment.

These garments were not labeled or marketed as sleepwear, but because they are children's loungewear, they must meet the children's sleepwear flammability standards.

The recalled loungewear was sold in girls and boys sizes 7 through 14 in plaid, camouflage, floral and heart print patterns with elastic or drawstring waistbands.

Girls' items are labeled 'ROXY GIRL' and boys' items are labeled 'QUIKSILVER'. For specific information on which models are included in this recall, consumers should contact the firm.

The product was sold in Surf and skate shops, specialty stores, and department stores nationwide including Macy's, McCalou's, Nordstrom, Nordstrom Rack, Quiksilver and Roxy retail stores and outlets, from September 2003 through January 2006 for between $20 and $50.

The product was manufactured in USA, India and Macao.

Parents should stop their children from wearing the recalled lounge pants immediately and return them to the place of purchase for a refund. If consumers are unable to return their recalled item back to the place of purchase, they should contact the firm.

Consumer, for more information, should contact Quiksilver Consumer Affairs at (800) 576-4004 between 9 a.m. and 5 p.m., PT, or e-mail the firm at channels@quiksilver.com

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