OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy Reorganization Act (ERA).  OSHA Regional News Release, 13-822-KAN (May 20, 2013).  As a result, it ordered reinstatement and a host of other severe penalties.  OSHA's findings can be accessed here, and the Company announced its intent to appeal.

Background

During the spring and summer of 2011, in response to Nuclear Regulatory Commission (NRC) security enhancement requirements, Wolf Creek Generating Station (Wolf Creek), a nuclear power plant and generating station in Kansas City, Missouri, began constructing a security fence around its Essential Service Water (ESW) Pump House, which circulates water to cool the plant.  Regulations require a minimum 4 foot 6 inch soil coverage zone over all ESW piping.