Just some simple legal advise needed. Any help will be much appreciated. A few months back my employer started incinerating polystyrene inside of our facility (should be noted it is not a plastic factory and I would bet any amount of money they haven't acquired a permit). They're doing so in a closed facility that isn't designed for such an action, ie proper ventilation, safety equipment etc. After doing some simple research I found that incomplete incineration of polystyrene emits dangerous toxins. Especially when incinerated at temperatures below 1000 degrees Celcius, the level of the toxins rises exponentially. The extruder being used is a very old model (I worked in a plastic extrusion factory as a teenager) so I think its safe to assume that it doesn't operate at a more appropriate level, plus the guy that sold them the extruder told them they'd have to hire a man to work full-time to dispose of all the polystyrene because the extruder wasn't powerful enough to dispose of it all quickly. So they've been incinerating everyday, to the detriment to all the employees that are exposed. Is there a case to be made? If so, could it be class action? I greatly appreciate any input.
I really don't know what to do. When I first saw the extruder I asked what it was for, when I was told I laughed, I couldn't believe it. But months later, it's still up and running. I've mentioned to two different managers how harmful it is, especially considering the lack of ventalation. I got headaches at work from the smell. Nobody seems to give a **** but I give a **** about breathing in toxins that can cause cancer and nurological problems.
If they are burning petroleum products and not venting the gasses outside, yeah, I imagine that is incredibly dangerous and should be brought to someone's attention. But I am no lawyer, so do not take this as advice. You are the only one that can truly make a decision, as you have witnessed it and its effects.
Both have crossed my mind, OSHA would have a field day, there are a number of things they'd get hit for.
Yeah seems like OSHA, TOSHA, NIOSH, etc would have a field day with this, so long as your employer isn't exempt. IIRC, there are whistleblower protection programs associated with the employer protection agencies as well.
Like I said, I knew it was bad without doing research, after doing some basic research on it I've discovered it's more dangerous than I even imagined.
I'm unaware of any whistleblower protection programs. Seems as though that would be null and void if there are legit health concerns for several employees. This is something the facility manager thought of and to my knowledge is only being practiced at our facility. He has somehow managed to make money off of this, so I'm sure that other facility managers may follow his lead.
Call OSHA and the EPA if you are concerned. Even though you were asking about air permitting, I'd start with OSHA. OSHA handles reprisals against whistleblowers. Has your company completed any monitoring for employees who work in the area that are potentially exposed to any contaminants? I'm not that familiar with the process, but I'd guess this would have involved hanging air sampling pumps on individuals or some sort of badge to measure organic vapors. They could have done area monitoring as well, but personal is preferred in most cases. If they've done no monitoring and/or can't give you documented, believable rationale as to why they believed it unnecessary, then I'd be concerned and give calling OSHA serious consideration. What state you are in will determine who responds. Tennessee has its own state OSHA plan that it administers, but you can still call the federal number. As far as the environmental side and permitting, I'm not as familiar with the requirements, but I'm pretty sure that would be an operation requiring permitting. Calling EPA would be in order here. If you don't want to be identified, you should have the option to remain anonymous, but it's not a foolproof thing. I found out who called the EPA at the plant where I used to work because the guy contacted the national emergency response hotline instead of EPA for complaints. This ultimately resulted in me receiving a transcript of the report including the guy's name and address from the local EMA.
Go to your neighborhood video rental store and grab a copy of Erin Brockovich. This should guide you in the right direction.
