Jasmine Koster is the Laboratory Manager for Plum Creek Water Reclamation Authority. She has over 20 years of lab experience spanning indoor air quality, drinking water, and wastewater analyses. She currently serves as the communications director for RMWQAA and proudly publishes the monthly blog/newsletter.
I prefer to think that most lab personnel and any other people/entities that are regulated, especially those that serve in environmental and public health fields want to do the right thing and hold data integrity and ethics in the highest regard. Unfortunately, this does not always seem to be the case and too often we see headlines to the contrary. These are some of the recent headlines posted to Wastewater Digest:
Texas laboratory executives plead guilty in wastewater data falsification case
A CEO of a wastewater testing laboratory, the lab’s director, and another individual admitted to falsifying or helping to falsify data results for a period of ~3 years. They altered wastewater results to conceal exceedances for ammonia, E. coli, and phosphorus to ensure that treatment facilities did not exceed their state and federal permit limits. Now these lab personnel face prison time and up to $250,000 fines.
Georgia wastewater operator indicted over alleged falsified discharge reports
Despite observed visible sewage discharges, reported facility infrastructure issues, and sampling from another entity that showed otherwise; the wastewater plant’s operator submitted discharge monitoring reports to the state and EPA indicating that the treatment plant was operating in compliance. The wastewater operator has been indicted for criminal violations of the Clean Water Act.
Reading stories like this always makes me wonder whether it was worth sacrificing the livelihood and reputation of yourself and those you work with? Not to mention, risking fines, jail time, and lawsuits. In the first instance, you might think, “This looks like a top-down decision. A CEO who is possibly being paid off or trying to save their company from going under. It’s not right, but this type of corruption happens across industries, and it doesn’t really apply to me in my current position.” In the second instance you see what appears to be a single person making bad choices, again possibly trying to save their company, or trying to cover up poor performance of their responsibilities. Again, you might think, “I would never do that, how could they think they would get away with that?”
So, what leads people to committing these types of actions that constitute crimes in some situations?
In recent years, a Colorado lab was in the news when it was discovered that a chemist intentionally altered the data for thousands of water tests and a second chemist at the same lab was found to be manipulating quality control data. In response, the EPA first revoked certification of four methods and during the investigation the EPA revoked or lapsed certifications for eleven other test methods pending full corrective actions. Several people were fired and the lab had to suspend its water testing program.
After completion of investigations and audits, root cause factors included outdated equipment, understaffing, resource constraints, inadequate oversight, and a toxic workplace culture. The lab is now working to restore credibility through outsourcing, modernization, and stronger oversight.
THIS. This story felt different. This story felt more familiar to me and brought up past feelings and memories of previous experiences. I have been there before; high workload, short turn-around times, not enough people, no overtime allowed, instrumentation problems, silos of knowledge and information, lack of communication, feelings of internal and external pressure to get the job done. These feelings often put you at a crossroads—do you do the right thing, no matter what; or maybe just one time you make your job easier. Then maybe one-time turns into many times because the job never gets easier and you are in the same position day after day.
If you ever feel like this or have these thoughts, consider doing the following:
Stop. Take a breath. Consider the long-term outcomes and repercussions if you start down that road of doing the wrong thing. Determine whether you are rationalizing by making excuses for the action you are considering. Are you having thoughts like, “everyone is doing it,” or “this isn’t a big deal, no one will be affected.” If you are still stuck, process the situation through these common ethical considerations.
- Honesty Test: Is your choice truthful and free from deceit?
- Legal Test: Is your choice in compliance with laws, regulations, methods, company policies, etc.?
- Conscience Test: Can you act in good conscience without feeling discomfort? Or think of it as the “mom test,” would your mother approve or be proud of this?”
- Consequences Test: Have you examined all the possible outcomes including unpleasant ones?
- Publicity Test: The “red face test,” will you feel shame or embarrassed if the information becomes public?
There may be instances in which you know something is going on, even if you are not a part of it and you may think, “I’m only one person, what can I do?” If you see something, say something. Depending on the situation, go to your supervisor, manager, or you may even need to go to the regulatory authority. If you do need to report something, the best practices are to be specific (dates, locations, parties involved, evidence) and document everything. CDPHE provides reporting options via online forms or by calling the number for environmental incidents and spills: 1-877-518-5608. Depending on the level of fraudulence or if it involves criminal activity you may want to contact the State Attorney General’s office or the U.S. Dept. of Justice-Environmental Crimes Section.
If you are in the position to make changes in your lab and you see some of the symptoms (like the root causes in the story above) consider implementing or recommending the following to prevent and mitigate possible issues:
- Strong internal controls: Regular audits, segregation of duties, and whistleblower programs help detect and deter fraud. *Even in a small lab, rotating analysts through a test may help bring issues to light.
- Compliance training: Ensuring employees understand legal and ethical standards reduces the risk of unintentional violations.
- Data integrity measures: Implementing secure systems, access controls, and version control can prevent tampering.
It is easy to believe that you would always do the right thing, no matter what the situation; until you are faced with an ethical dilemma and must make a hard decision…only then do you discover your true morals and integrity. As the saying goes, “Integrity is doing the right thing, even when no one is watching.”