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‘Tunnel rats’ file complaint against Capitol


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According to a statement by the Government Accountability Project, a Washington-based whistleblower protection organization also representing the tunnel workers, the workers "were subjected to repeated retaliation and a hostile work environment" for exposing the unsafe working conditions and environmental hazards earlier this year.

The complaint, filed Oct. 18, accuses the Architect of the Capitol of "deliberate indifference" in exposing the tunnel workers to unsafe hazards. It makes specific charges about retaliation, alleging that Architect of the Capitol management:

  • confronted workers and demanded to know which had written letters to Congress about unsafe working conditions;
  • publicly disparaged workers as irresponsible "hotheads" who are "difficult," "insubordinate" and not "team players";
  • harassed workers for seeking independent medical testing;
  • denied workers an appropriate level of hazard pay; and
  • considered trying to fire all the workers.
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Accompanied by their attorneys, the workers hand-delivered the complaint to the Office of Compliance, located at a Library of Congress building in downtown Washington. The Office of Compliance is an independent non-partisan agency established to administer and enforce the Congressional Accountability Act (CAA). The tunnels and the tunnel workers are the responsibility of the U.S. Congress. 

In a press conference with the workers and their attorneys after the filing of the complaint, attorney Joanne Royce said: "At least since 1999, members of this tunnel crew have raised the issue of the dangerous and horrifying conditions under which they work up their chain of command to no avail. The Architect of the Capitol has largely ignored their concerns."

Royce is general counsel for the Government Accountability Project.

After the press conference, the workers delivered a letter to Sen. Richard Durbin, D-Ill., asking Congress to direct the government to pay for diagnostic medical tests for all the workers. Durbin held hearings earlier this year before a Senate Appropriations subcommittee which addressed the workers' allegations. But, according to the workers and their attorneys, the hearings led to increased retaliation and harassment for the workers. 

In a statement Wednesday, the Architect of the Capitol's communications office would not comment on the tunnel workers complaint, citing a policy not to comment on matters before the Office of Compliance because of confidentiality requirements. The Architect of the Capitol's statement said that "safety remains as always a top priority for the Architect of the Capitol." It also said that the Architect of the Capitol "continues to implement measures that address structural, communication, asbestos, heat stress, and egress issues" cited in a previous Office of Compliance complaint and citations earlier this year. It referred to "action plans" discussed during the congressional hearings.

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