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Workers Allege that Asbestos and Other Toxic Substances Were Vented on Streets Around Capitol Hill Causing Public Health and Safety Danger

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October, 2006

Washington, D.C. - Today, ten workers who service the underground utility tunnels beneath the U.S. Capitol complex have filed a whistleblower retaliation complaint against the Architect of the Capitol (AoC) alleging that they were retaliated against after they informed members of Congress and the public about the crumbling, asbestos-choked, and furnace-like conditions in the five miles of utility tunnels in which the AoC has forced them to work for decades with little or no protective gear. The workers allege that that the AoC knowingly exposed them to these hazards, resulting in progressive and life-threatening asbestos disease. The workers also allege that the AoC failed to protect the general public from these unsafe conditions, and allowed contractors, who were brought in to help abate these hazardous conditions, to vent asbestos and other contaminants through grates and man-holes around First Street, S.E., including in front of popular Capitol Hill eateries.

The Complaint alleges that the workers' safety allegations have already been confirmed by the Office of Compliance, which recently cited the AoC for allowing unacceptable levels of asbestos and other hazards in the tunnel, and for not monitoring the workers' health. Congressional Hearings held on this issue also confirmed the workers' allegations, but led, according to the complaint filed today, to increased harassment and reprisal of the workers by the Architect of the Capitol, who verbally abused and berated the workers for disclosing these conditions to Congress and the public.

According to David J. Marshall, an attorney representing the workers, "the Architect of the Capitol has shown deliberate indifference to these workers' health and safety for years." According to Marshall, of Katz, Marshall & Banks, LLP, "the AoC has thus far refused to pay for the diagnostic tests that are necessary to determine the extent of their injuries, and instead turned on them and viciously harassed and retaliated them for blowing the whistle on these life-threatening conditions that affect not only worker safety but the welfare of the public who live, work, and visit the Capitol Hill Complex."

Joanne Royce, GAP General Counsel, who is serving as co-counsel in this matter, "The retaliation complaint the workers are filing today is intended to protect their right to air their concerns about safety conditions in the tunnels. These workers have been ignored, suppressed, and clearly retaliated against in violation of the Congressional Accountability Act. Someone must be held responsible."

Following a planned 11:00 a.m. press conference, the workers will also deliver a letter to Sen. Richard Durbin, who has criticized AoC for neglecting worker safety and has held hearings on the issue, asking the Senator and other legislators to ensure that the government pays for the medical tests needed to diagnose asbestos disease and the workers' exposure to other hazards in the tunnels.



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