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I know my Mgr. knowingly vented a cylinder of Toxic Gas (EPA Codes D001, U115), OSHA Carcinogen to the Air. My Ethical dilemma?

Camden, NJ |

The task of venting a cylinder of a Toxic Gas to solvents fell on me to do recently. I set up all the equipment, did the JSA Process and notified all my supervisors of when and how this was to be done. This cylinder was "older" than 1 year which if detected by NJDEP Inspector would have resulted in a NOV. This was on an internal facility inspection as such for 2-3 weeks. My Manager approached me in a hushed conversation with no witnesses that he had been cracking the valve to vent the gas out of the cylinder over a period of some days and I shouldn't be surprised if when I came to do the venting the cylinder was empty. The venting was concealed under a coffee cup placed over the valve of the cylinder. The knowledge of this placed me in an ethical dilemma. I reported this to Co. Compliance

Attorney Answers 3


  1. What is your question? Are you being retaliated against for reporting this to company compliance? Do you want to report this to OSHA? Here is the OSHA office nearest to you:

    Marlton Area Office
    Marlton Executive Park, Building 2
    701 Route 73 South, Suite 120
    Marlton, New Jersey 08053
    (856) 596-5200
    (856) 596-5201 FAX

    Law Office of Fred Shahrooz-Scampato, PC, (908) 301-9095. We are dedicated to representing employees in New Jersey administrative, state and federal courts. Answers by Fred Shahrooz Scampato, Esquire, of the Law Office of Fred Shahrooz Scampato, PC, provided in the Avvo website are for general information purposes only. The materials are current only as of the indicated date and must not be regarded as legal advice, solicitation or advertisement. The information provided on this site does not, nor is it intended to, constitute legal advice and is not provided in the course of an attorney-client relationship, nor are they intended as a substitute for obtaining specific legal advice from qualified legal counsel. Transmission of information from this site is not intended to create, and receipt shall not constitute, an attorney-client relationship. Any prior results that are described on our site do not guarantee a similar outcome. Online readers should not act upon this information without seeking professional advice regarding the particular facts and circumstances of each matter.


  2. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, if you want to do the right thing, make a report to OSHA and/or the EPA. There are whistleblower laws that may protect you - but no matter whether you are protected or not, you need to consider whether this is a place you can continue working. Make sure all complaints internally are in writing through email - and print them out and keep a copy. This will be evidence that you can use to prove you made a complaint, so that if you are retaliated against, you may have the basis for a claim. You should speak with an employment attorney ASAP if you are going to keep working there.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.


  3. You haven't presented an ethical dilemma. In fact, you haven't even asked a question. While the attorneys here on AVVO like to be helpful, without more there is little to answer.

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