The Laboratory’s Employee Concerns Program implements the California Whistleblower Protection Act (Government Code Section 8547-8547.12) and the Contractor Requirements of the Department of Energy (DOE) Order 442.1B, Employee Concerns Program, and DOE 10 CFR 708, Contractor Employee Protection Program. It also supports implementation of the Laboratory’s Requirements and Policies Manual (RPM) policies, Whistleblower Policy – Reporting & Investigating Allegations of Suspected Improper Governmental Activities (02.02.008.000), Whistleblower Protection (02.02.009.000) and the UC Statement of Ethical Values and Standards of Ethical Conduct. The OIAI manages the Employee Concerns Program and oversees investigation arising of Whistleblower allegations and other employee concerns.
Per the California Whistleblower Protection Act (Whistleblower Act) and the UC-DOE Prime Contract No. DE-AC02-05CH11231, employees, affiliates and subcontractors have the right – and the responsibility – to report improper governmental activities and other concerns related to, but not limited to, the environment, safety, health, quality and management of DOE facilities, and to do so without fear of reprisal.
According to California Government Code Section 8547.2, an improper governmental activity is:
- a violation of any state or federal law or regulation, including, but not limited to:
- theft and misuse of government property
- willful omission to perform duty;
- a violation of an executive order of the governor of California, a California Rule of Court, or any policy or procedure of mandated by the State Administrative Manual or State Contracting Manual; and/or
- economically wasteful or involves gross misconduct, incompetency, or inefficiency.
Individuals may report whistleblower and whistleblower retaliation allegations and other concerns, which can be anonymous, in the following manner:
- Notifying their supervisor, human resources representative, or another level of management or person of authority, who will report the allegation/concern to the Laboratory’s Locally Designated Official and Office of Institutional and Integrity Manager, Theresa Triplett.
- Entering in EthicsPoint, the University of California official automated reporting system.
- Contacting the Locally Designated Official/OIAI Manager directly by phone or email at TATriplett@lbl.gov or 510-486-7401, or in person.
- Calling UC Whistleblower Hotline (non-emergency concerns): 800-403-4744 or universityofcalifornia.edu/hotline.
State and Federal regulations, and Laboratory policy prohibit retaliation for reporting suspected allegations of improper governmental activities and other concerns. Contact the Locally Designated Official for the Whistleblower Retaliation Complaint Form.
Allegations and other concerns involving employee/supervisor relationship issues (such as performance improvement actions and grievances) should be addressed through Human Resources processes.
Allegations and other concerns involving equal employment opportunity, discrimination, harassment, and other potential violations of an individual’s fundamental rights should be reported to the Laboratory’s FAIR office.
Allegations and other concerns involving research integrity/ethics and misconduct should be reported to the Research Compliance Office.
Individuals have the right to a respectful, prompt and effective response to their allegations and other concerns. In accordance with University policy, the Locally Designated Official is designated to receive, investigate and address allegations of improper governmental activity and other concerns. In addition, an Investigations Workgroup is chartered by the Laboratory Director to review investigations results and resolutions of such allegations and concerns. Please read the Charter of the Investigations Workgroup for additional information.
For fair, objective and thorough investigations, individual should provide relevant and specific details of their allegations, complaints, or concerns, including:
- the identity of the person(s), company, or organization alleged to have engaged in the wrongdoing;
- a description of the alleged impropriety;
- the DOE facility and program affected by the alleged wrongdoing;
- date(s) of alleged wrongdoing;
- how the reporter is aware of the alleged wrongdoing;
- the identity of potential witnesses; and
- the identity and location of supporting documentation.
All reported allegations and other concerns will be documented, including acceptance or dismissal of the reporting through closure and resolution subsequent to an investigation. Upon written or verbal request, a reporting may be withdraw any time.
For additional information or questions pertaining to the Laboratory’s Employee Concerns Program, please contact Theresa Triplett at TATriplett@lbl.gov or 510-486-7401.
Individuals may file complaints directly with the Department of Energy Office of Inspector General or the DOE Employee Concerns Program. Contact the DOE Office of Hearings and Appeals for more information on the DOE contractor employee protection program, including how to file a complaint under 10 CFR 708.