ELR Citation: ELR 20013
No(s). 04-2486 (4th Cir. Jan 17, 2006)

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity under the CAA because the individual only complained of asbestos being emitted within his workplace rather than into the ambient air. But based on his testimony, the individual observed asbestos escaping into the ambient air. Thus, although he did not specifically convey this observation to management, he reasonably believed that asbestos was being emitted into the ambient air. The individual, therefore, engaged in a protected activity under the CAA when he complained to management.