BISMARCK – A federal whistleblower investigation has found the North Dakota Department of Environmental Quality illegally retaliated against an environmental scientist after they reported safety concerns about the public water system to management and later contacted the U.S. Environmental Protection Agency.

The U.S. Department of Labor’s Occupational Safety and Health Administration determined the DEQ’s actions violated federal law that protects employees who share water safety information and ordered the department to remove the written reprimand from the employees’ personnel file.

OSHA investigators learned that the employee, who worked for the agency for more than seven years, raised safety concerns to their supervisor over a six-month period and alerted the EPA about defects in reporting and data collection and concerns that sanitary violations were being downgraded to minor violations. The supervisor requested the employee stop communicating with the EPA and, on July 1, 2022, issued him a written reprimand for contacting the EPA.

“Employees have the right to report potential violations related to safe drinking water and it is illegal for employers to retaliate against those who do,” said OSHA Regional Administrator Jennifer Rous of Denver. “Our investigation and actions on the environmental scientist’s behalf reflect the U.S. Department of Labor’s determination to make sure workers’ rights are protected.”

The department and the employee may file objections or request a hearing with the department’s Office of Administrative Law Judges within 30 days of receiving the agency’s order.