You may care about the relationship between you and your employer, go above and beyond in your job, and show your loyalty and strong work ethic in the workplace. However, company loyalty should not dissuade you from reporting any mistake or an intentional violation of the law you discover.

Among other potential infractions in your workplace, environmental law violations can implicate the health of you, your colleagues, and the community. When you wonder how you can report them, a Charleston environmental regulation whistleblower lawyer could help. We could work with you to file a report with the Environmental Protection Agency (EPA) or the South Carolina state government and protect you from illegal retaliation by your employer. Call one of our experienced whistleblower attorneys today to learn more.

Reporting Environmental Wrongdoing to the Government

In general, the EPA can take complaints about violations of environmental law, as can the South Carolina Department of Health and Environmental Control (DHEC) at the state level. The South Carolina Department of Labor, Licensing and Regulation (LLR) also takes complaints of misconduct by private employers, such as hazardous work environments. A Charleston whistleblower attorney could help an employee figure out where to report an environmental regulation violation, depending on the circumstances.

For example, a violation of the Clean Air Act could be reported to the DHEC, which could pass it along to EPA, or an employee could file a complaint with EPA directly. The same could be said for illegal dumping of toxic materials or deception in the face of federal or state inspections.

In the realm of workplace safety, private employers must keep their employees safe from hazardous materials, based on South Carolina Code Section 41-15-100. The LLR can investigate and bring actions against noncompliant employers. Private employees can file reports and complaints with the LLR as whistleblowers through the LLR’s complaint website.

Protections Against Retaliation and Remedies

An employee might hesitate to make a report out of fear of retaliation, but federal and state law protects whistleblowers. The protections and benefits of reporting can vary, however, depending on the nature of the complaint.

Several environmental statutes administered by EPA feature protections for whistleblowers. The Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the SuperFund statute (CERCLA), and the Safe Drinking Water Act all contain similar protections for whistleblowers in the case of employer retaliation.

When an employer illegally retaliates against a whistleblower—such as by firing them or discriminating against them in their employment—the whistleblower can file a complaint with the U.S. Secretary of Labor. The Secretary can investigate the complaint and start an administrative process that can result in reinstatement and back pay for the whistleblower. The employer can appeal in the relevant court of appeals, which would be the U.S. Court of Appeals for the Fourth Circuit for retaliation in South Carolina.

At the state level, employees can receive protection from retaliation from the LLR. South Carolina Code § 41-15-510 protects private employees from firing or discrimination as a result of making a report or complaint, and South Carolina Code § 41-15-520 allows an employee to file a complaint of retaliation with the LLR.

The LLR can start an investigation and begin a civil action against the employer, or it can forward the complaint to the U.S. Department of Labor, if applicable (such as under one of the federal protections mentioned above). If a civil action by the LLR results in a final order, the employee can get rehired and even receive back pay.

A whistleblower lawyer in Charleston could help an employee file a complaint of retaliation for reporting environmental violations. They could also make sure an employee receives the proper remedy and work with the applicable department or court during the administrative or court process.

Discuss Whistleblowing for Environmental Violations with an Attorney

Environmental regulation violations can happen in your workplace or as a part of a public organization. If you witness such violations, you should know your options for making a report or complaint.

A Charleston environmental regulation whistleblower lawyer could provide necessary knowledge and support in making a report. Beyond an initial report or complaint, an attorney could also support you if you face retaliation. Call today to consult with our team on reporting environmental violations.

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