OSC Obtains Stay Returning Navy Safety Manager to Job Pending Fuller Investigation

April 14, 2017

OSC yesterday obtained a 45‐day stay from the Merit Systems Protection Board that reinstates a civilian Navy safety manager while OSC investigates his claim of whistleblower retaliation.

The U.S. Office of Special Counsel (OSC) yesterday obtained a 45‐day stay from the Merit Systems Protection Board (MSPB) that reinstates a civilian Navy safety manager to his position while OSC investigates his claim of whistleblower retaliation. Elston Stephenson alleges he was removed from his position at the Navy’s Fleet Readiness Center Southwest (FRCSW) for disclosing inadequate safety protections for employees from falls.

In February 2016, FRCSW hired Stephenson, who has nearly 20 years of experience in occupational health and safety. Within months of his arrival, Stephenson reported to his supervisor and others that he believed fall protection measures were inadequate. His safety concerns were confirmed when, on July 29, 2016, a worker fell from an F-18 aircraft, resulting in a broken clavicle and overnight hospitalization. Stephenson alerted the Fleet Readiness Centers Command (Command), the next higher level, to the fall and recommended that fall protection be made the highest safety priority at FRCSW. He noted that five falls had occurred within 65 days, including several from elevated positions. Stephenson also disclosed to Command that FRCSW officials failed to report the hospitalization to OSHA as required by regulation.

Shortly after Stephenson’s disclosures, in August 2016, FRCSW management removed him during his probationary period, asserting in part that he overstated the scope of the danger and overstepped his role as safety manager. However, inspections validated his concerns: In December 2016, OSHA issued a notice of two “Serious” violations related to fall hazards for work performed on the F-18 and, in January 2017, a Command safety official documented over five fall hazards in violation of federal regulations at FRCSW.

OSC may request a stay from the MSPB when there are reasonable grounds to believe that a prohibited personnel practice has been committed. A grant of a stay request is not a finding on the merits of the claim. The MSPB’s stay order, which contains further details, can be found here.