Laid-off whistleblower files complaint

An engineer who was one of 27 employees laid off in October has filed an OSHA complaint.

The Occupational Safety & Health Administration notified Highlands County on Dec. 9 that Rick Solis was alleging discriminatory employment practices in violation of the Pipeline Safety Improvement Act, the Asbestos Hazard Emergency Response Act and the Toxic Substance Control Act, and retaliation in violation of the Surface Transportation Assistance Act and the OSHA Act. The county has 20 days to respond in writing.

Highlands County public information officer Gloria Rybinski said Solis was one of four engineers laid off when Highlands County cut its budget by $15 million.

The county is accused of whistleblower retaliation, said a letter from his attorney, Daniel A. Perez of Melbourne.

"Mr. Solis was terminated for making complaints of unsafe removal, handling, and disposal of pipes containing asbestos," said Perez's Oct. 23 letter to OSHA. "Mr. Solis was laid off shortly after complaining about the way Highlands County was removing, handling, pulverizing and disposing of pipes containing asbestos."

On Nov. 30, the Department of Environmental Protection concluded that the asbestos pipes removed in the Sebring Parkway Project were within the legal limit. The project involved about 6,700 feet of asbestos water pipes, of which 229.9 feet of asbestos pipes were removed. The legal limit is 260 feet.

The DEP's report stated, "As of Nov. 18, 2009 the Department has not discovered any violations of the aforementioned regulations." About 85 asbestos samples were collected in two months along the Sebring Parkway and from the Highlands County Landfill.

Solis had worked two years as a survey technician. The construction crew discovered old water pipes while working on the highway, Perez wrote. "Neither Mr. Solis nor any crew members working on the highway were trained or certified to remove the pipe, handle it or dispose of it. No one was wearing protective gear to avoid inhalation or exposure to asbestos. Furthermore, in some areas, the pipe ran near local schools and measures were not taken to ensure that asbestos dust or particles did not flow into those areas."