U.S. OFFICE OF SPECIAL COUNSEL TRANSMITS REPORT OF INVESTIGATION IN RESPONSE TO WHISTLEBLOWER’S ALLEGATIONS OF SAFETY CONCERNS AT FOOD SAFETY AND INSPECTION SERVICE IN ATLANTA, GEORGIA

FOR IMMEDIATE RELEASE - 9/20/00
CONTACT: JANE MCFARLAND
(202) 653-7984

   The U.S. Office of Special Counsel (OSC) today transmitted to President Clinton and the Congress, an investigative report from the U.S. Department of Agriculture (USDA), into whistleblower allegations of violations of law, rule, or regulation and a substantial and specific danger to public health at the Food Safety and Inspection Service (FSIS), in Atlanta, Georgia. 

    The whistleblower, who made his disclosure to OSC, alleged that for the past several years line inspectors at Shapiro Packing, a meat processing plant, routinely left their duty stations without arranging for other inspectors to cover their stations. According to the whistleblower, this practice created a danger to public health because other inspectors had to work more quickly to inspect the carcasses when an inspector was not properly relieved. The whistleblower was concerned that the cows were not being properly inspected, increasing the risk that a diseased or otherwise contaminated cow would be processed, stamped “USDA Inspected,” and distributed for consumer consumption.

    The OSC found that the whistleblower’s disclosures demonstrated a substantial likelihood of violation of law and specific danger to public health, and forwarded the allegations to the U.S. Department of Agriculture, directing it to conduct an investigation and provide a written report.

    The USDA’s report supported the whistleblower’s claim that for the last two years line inspectors were improperly leaving their duty stations without arranging for proper relief. However, in June of this year, the agency gave the inspectors specific instructions concerning the proper method of relief and the improper conduct has since ceased. The agency denied that these practices created a danger to public health. The report emphasized that all carcasses and parts received proper and thorough inspection and that the inspectors were able to effectively cover an absent inspector’s adjacent station for brief periods of time.

    Based on its findings, the USDA has cautioned its inspectors about leaving their duty stations without coverage. The agency also intends to take appropriate action to correct the rotation practices, so that rotation only occurs during breaks or when a floor inspector is present to provide appropriate coverage. Lastly, the agency proposed disciplinary action against the line inspectors’ supervisor who, despite two previous letters of instruction regarding proper line staffing and coverage, failed to take measures to assure compliance with relief procedures.

    Among its other functions, the Office of Special Counsel provides federal employees with a secure channel for blowing the whistle on violations of law, rule, or regulation, gross mismanagement or waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety. The OSC is empowered to require agencies to conduct investigations whenever it finds a substantial likelihood that a federal employee’s disclosures demonstrate the existence of one of these conditions, and to report back to the OSC its finding along with any corrective action taken. After the OSC reviews the report to ensure that it contains the necessary information and that its findings appear reasonable, the OSC transmits the report to the President and the Congress for further action, if appropriate.

    Copies of the Department of Agriculture’s report and Special Counsel Elaine Kaplan’s transmittal letter can be obtained by contacting the OSC.

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