Madison County

Whistle blower lawsuit against Depot dismissed

RICHMOND — A federal review board has upheld the dismissal of a whistle blower lawsuit filed by a former Blue Grass Chemical Activity employee who said he was wrongfully fired for reporting worker safety, environmental and data integrity violations.

Last month, the U.S. Department of Labor Administrative Review Board upheld Administrative Law Judge Thomas Phalen's May 18, 2007, decision to dismiss Kim Schafermeyer's lawsuit against BGCA, the chemical weapons operation at the Blue Grass Army Depot.

The suit was dismissed because Schafermeyer failed to provide reasonable explanations for why he did not file a complaint against BGCA in a timely manner, according to court records.

Phalen has yet to render a decision on another whistle blower lawsuit involving former depot employee Donald Van Winkle. Van Winkle said he was relieved of his normal duties as a former air systems monitor and was denied training, hazard pay, overtime and advancement opportunities after raising concerns about chemical monitoring at the facility in 2005.

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