(Washington, D.C.) – The Government Accountability Project (GAP) applauds the U.S. Congress for passing landmark whistleblower protections for transportation security and safety employees as part of its 9/11 legislation. Protections for employees of railroad, trucking, public transit, bus, and other land transportation providers are included in the final conference report to H.R. 1, legislation that implemented the recommendations of the 9/11 Commission, which the House of Representatives approved on Friday by a vote of 371-40. The Senate had approved the bill on Thursday evening by a vote of 85-8. President Bush is expected to sign the legislation into law this week.
This legislation, for example, will protect both Washington D.C.’s Metro system workers and Greyhound Bus employees if they speak out to report security concerns that threaten the safety of passengers. The legislation also allows rail, public transit, and bus operators to responsibly address mechanical or other safety problems before they operate any vehicle without fear of reprisal.
“This legislation will make a real difference in the safety of our highways and rails. Whistleblowers are America’s first line of defense, literally where the rubber meets the road. Whistleblowers in the transportation sector serve as America’s first line of defense against another 9/11 tragedy. When they risk their careers to defend the public they should be able to defend themselves,” stated GAP Legal Director Tom Devine.
He continued, “These are ‘best practices’ whistleblower protections that reestablish the United States as the pace setter for freedom of speech when it counts the most – challenging corporate abuses that threaten homeland security.”
The whistleblower protections for transportation employees were first proposed by Rep. Edward Markey (D-MA), who last Congress introduced legislation that would have adopted this “best practices” whistleblower rights model for all corporate and government employees. House Homeland Security Committee Chairman Bennie Thompson (D-MS) also championed the whistleblower rights reforms for transportation employees through a lengthy legislative process. Chairman Thompson was the primary advocate for the reforms in the 9/11 conference.
“All Americans that ride in cars, buses, or trains will be safer thanks to the leadership of Chairman Thompson and Representative Markey,” stated GAP Legislative Representative Adam Miles. “They recognized the importance of including these protections in the 9/11 legislation.”
Miles also noted the work of Senator Daniel Inouye (D-Haw) and 9/11 conference chair Sen. Joseph Lieberman (I-CT), whose staff supported and acted as constructive partners to finalize the reforms started in the House. “Their effort helps ensure that disclosures of vital public safety information are provided equal protection to those for disclosures of white collar corporate fraud.”
The employee protections are consistent with those Congress passed in the 2002 Sarbanes-Oxley (SOX) legislation for corporate employees, but allow employees to challenge misconduct threatening the public, instead if just threats to the shareholders as with SOX.
The cornerstone of the whistleblower protections in this reform is the right for transportation whistleblowers to bring a case to federal district court for a jury trial if they have not received a timely administrative ruling from the Department of Labor.
“Jury trials for cases of whistleblower retaliation are a whistleblower’s only genuine opportunity for a fair day in court – with justice decided by the citizens the employee is trying to defend,” added Devine.