Are The Federal Whistleblower Laws Enough?

The federal whistleblower law exists to protectpeople are calling for specific protections for offshore
employees when they "blow the whistle" on theirdrillers. Charles Melancon, a Louisiana Representative,
employer in instances where employer breaks theis one such man leading the charge. Rep. Melancon
law or violate employees' inherent rights. Recentfeels that the Gulf Coast region "might not be going
incidents across the United States have beggedthrough this traumatic episode'' if the offshore drilling
many to question if the current laws offer sufficientworkers knew they would be protected federally.
protection for whistleblowers. In fact, there haveConsulting with a Louisiana Jones Act Attorney, he
been several proposals that look to either strengthenexplained that while the Jones Act affords some
or better define protections for whistleblowers in theprotection to seaman, many workers feel that they
US.will be blackballed by the industry if they bring suit
Foremost, lets go back at examine the history of USagainst their employer. A Maritime Attorney
Federal Whistleblower protection laws. The Lloyd-Lasummarized the workers' concerns a different way,
Follette Act of 1912 guaranteed federal employeessaying that these workers are afraid of the
the right to provide information to Congress, andconsequences of seeking damages when they are
was the first US law passed to specifically protectinjured on the job, imagine the kind of consequences
whistleblowers. Many years later, severalthey fear from blowing the whistle.
environmental laws were passed that includedThe tragic passing of eleven valiant employees on
whistleblower protection, they were: the Clean Waterboard the Deepwater Horizon begs the question: is it
Act (1972), Safe Drinking Water Act (1974), Solidnow time to demand federal whistleblower protection
Waste Disposal Act (1976), Toxic Substances Controlfor offshore workers? "We need to hold these
Act (1976), Energy Reorganization Act (1978), thecompanies accountable,'' Melancon said in a public
Superfund Law (1980), and the Clean Air Act (1990).statement. While many Gulf Coast residents hope
Several more employee-centric protection acts soonthat BP is held accountable through lawsuits brought
followed, including: the Surface Transportationon by Louisiana Jones Act Attorneys on behalf of
Assistance Act (1982), the Pipeline Safetythe victims of this awful tragedy, almost everyone
Improvement Act (2002), AIR 21 (2002). The bigagrees that this event should have been prevented
chief of whistleblower laws was passed in 2002, thein the first place.
Sarbanes-Oxley Act, which afforded protection toPerhaps the BP disaster, and the resulting public
corporate whistleblowers.fallout will finally bring the sweeping change that the
The above may seem like both an extensive andpublic now feels is necessary to protect us from the
compressive list, but many feel that the protectionscorporations that have such a drastic impact on our
afforded by these laws are simply not adequate. Inlives. Only time will tell.
the wake of the tragedy of BP's oil leak, many