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NAECP Newsletter Spring 2016
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Promoting Strong Safety Conscious Work Environments

April 28, 2016

Spring Issue 2016

In This Issue

1. President's Blog
2. Regulatory News
3. ECP Tips Tools


Upcoming Events

NAECP Fall 2016
Date: 9/27 - 9/29, 2016
Registration July 2016


Skills Training 2016
Fall Sessions TBD

More Info Coming Soon

NAECP Winter 2017
Date: 2/28 - 3/1/2017
Austin, Texas






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In the Next Issue
• NAECP Initiatives
• Membership Initiation
• Training Development

• Legal Update

President’s Blog

Don’t Look. It May Be Offensive.
Written by: Mike Wilson, NAECP President
Director - Employee Concerns, BP America

Here is a quick disclaimer before you read the note below. Much of this is my own opinion and my intention is not to give legal or personnel advice as I am not a lawyer or HR professional. I am an employee concerns professional and I approach issues slightly different than my respected colleagues. Now with that said, you have to read on…..or don’t look because it may be offensive.

As employee concerns professionals, we are inherently flexible and open-minded. Many people believe we should always be objective, or free of any bias or prejudice caused by personal feelings. This isn’t always the reality of our roles.

Regulatory / Legal Bulletin

Ninth Circuit Affirms that ERA Protected Activity Must Have Sufficient Tie to Nuclear Safety
Written by: Timothy J. V. Walsh, Special Counsel, Pillsbury Winthrop Shaw Pittman

On February 12, 2016, a divided panel of the U.S. Court of Appeals for the Ninth Circuit rejected a plaintiff’s whistleblower claim, ruling that he did not engage in protected activity under the Energy Reorganization Act (“ERA”) because his alleged protected conduct “lack[ed] a sufficient nexus to a concrete, ongoing safety concern.”  Sanders v. Energy Northwest, 812 F.3d 1193 (Feb. 12, 2016), slip op. at p. 12 (en banc review denied, Mar. 25, 2016).  The Sanders decision is important because it adds to other Federal Circuit Court precedent holding that not just any conduct can be protected activity under the ERA.  For example, the Sanders decision cited precedent from the Sixth Circuit in American Nuclear Resources Inc. v. U.S. Dept. of Labor, 134 F.3d 1296 (6th Cir. 1998), which among other things holds that, to be protected, conduct “must implicate safety definitively and specifically.”


NAECP BOD Retreat Update

On Monday, February 22, 2016, just prior to the start of the NAECP conference in San Diego, CA, the NAECP Board of Directors held an all-day retreat meeting to discuss our organizations future. The Board started these retreat meetings about three years ago and has proven to be a great opportunity to spend quality time discussing our organizations successes and challenges. The following are some key items we discussed and decisions made that the Board feels the membership should be aware.


ECP Tips , Tools and Advice

7 Easy and Effective Actions Supervisors Can Take to Improve Trust and Free Communications

Written by: Paul J. Zaffuts Esq., The Zaffuts Group

Consider these two scenarios. First, as part of your role as an ECP professional, you get out in the field to engage directly with site personnel. By “making the rounds” you have the opportunity to remind them of ECP’s role, how to contact you, and the importance of a safety conscious work environment and healthy safety culture. You’ll likely also occasionally observe staff meetings, planning meetings, pre-job briefs and other engagements between supervisors and their direct reports. But, how many times have you seen this: with only about a minute to go in the meeting, the supervisor asks “any questions?” … silence … “thanks, we’re done.”

Read More ...


We're in the People Business
Written by: Shilo Terek, Investigator, Employee Concerns, Pacific Gas and Electric Company's Diablo Canyon Power Plant

Dozens of employee concerns professionals from across the country convened in San Diego at the end of February for the National Association of Employee Concerns Professionals (NAECP) Winter Conference. Speakers from all aspects of the discipline - legal, leadership, and line - united to deliver one message: We're in the people business.

Read More ...


Mike Birk
Chair of the NAECP Membership Advisory Committee (MAC)

Each newsletter we will feature one of our members – so be ready to smile big!

Meet Mike - Click Here



ECP Training and Development Survey
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NAECP would like your input on future training offerings. Complete this survey to indicate which session topics and/or types would be most beneficial to you or your organization. The Planning Committee will review these results to determine what sessions we would should offer at future event and/or work towards developing.

NAECP Membership Offer 

By now I am sure that each of our members has heard that we are implementing an annual membership dues fee. The purpose of this message is to let you know that the change has occurred and you can begin your membership at anytime. Confirm and pay your membership by 9/11/16 and receive a $25 discount for the year. The NAECP dues cycle will be based on the date you initiate your paid membership and last 12 months from that date.

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You have been designated a ‘Trial Member’ if you have attended/participated in a conference activity since 2013. This trial membership will last 90 days, beginning 4/4/2016. You can update your membership status and profile anytime via your Membership Profile.
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