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I filed a complaint about Apple's stupid secret fab with the BAAQMD on July 22 2024. On August 29 2024, the California Bay Area Air Quality Management District published formal notice of violations by Apple Inc of two violations of air pollution laws via their Skunkworks fab at 3250 Scott Blvd. BAAQMD cited Apple for violating local air regulations 2-1-301 & 2-1-302 with their stupid secret fab. References: Link: BAAQMD Regulation 2, Rule 1 - General Requirements Link: BAAQMD Notices of Violation
2-1-300 STANDARDS
2-1-301 Authority to Construct: Any person who, after July, 1972, puts in place, builds, erects, installs, modifies, modernizes, alters or replaces any article, machine, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, shall first secure written authorization from the APCO in the form of an authority to construct. Routine repairs, maintenance, or cyclic maintenance that includes replacement of components with identical components is not considered to be an alteration, modification or replacement for the purpose of this Section unless the APCO determines the changes to be non-routine. The use or operation of the source shall initiate the start-up period in accordance with Section 2- 1-411. (Amended 3/17/82; 10/19/83; 7/17/91; 5/17/00) 2-1-302 Permit to Operate: Before any person, as described in Section 2-1-401, uses or operates any article, machine, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, such person shall first secure written authorization from the APCO in the form of a permit to operate.
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In 2023, the White House Office of Science and Technology Policy (OSTP) issued a formal Request for Information (RFI) titled “Automated Worker Surveillance and Management” (Federal Register Document ID: OSTP_FRDOC_0001-0008) to solicit public input on the use and impact of digital surveillance technologies in the workplace. The RFI sought perspectives from workers, labor organizations, advocacy groups, and others on the prevalence, design, deployment, and consequences of such surveillance — especially its potential effects on worker rights, mental and physical health, privacy, and workplace equity. I submitted a public comment to OSTP on June 29, 2023, describing my direct experiences as a worker involved in labor agency proceedings, and raising concerns about corporate surveillance practices, including employee biometric data collection, mobile device monitoring, and privacy violations. My comment outlined policy, legal, and ethical concerns regarding these surveillance systems. On August 28 2024, the U.S. Government Accountability Office (GAO) published a report to Congress titled “Digital Surveillance of Workers: Tools, Uses, and Stakeholder Perspectives” (GAO-24-107639). The report explicitly incorporated and analyzed the full set of public comments submitted to OSTP’s RFI — including mine — and cited input from 217 comments across 211 stakeholders. The GAO report specifically included a case that closely aligns with my submission, stating: “One worker reported being fired from a large technology company after raising concerns about the company’s privacy policy, which empowered managers to access, search, monitor, archive, and delete data stored on any worker’s devices.”  This passage, along with broader GAO findings, closely reflect themes raised in my comment, including:
My submission contributed to broader GAO assessments of:
These issues were further highlighted in media coverage of the GAO report, including articles in Biometric Update and Labor & Employment Law Daily, which emphasized worker-submitted concerns as instrumental to shaping the federal response.
My request for appellate review by the US Dept of Labor's Admin Review Board was approved on August 27 2024, and the CERCLA whistleblower retaliation case is now docketed as Ashley Gjovik v Apple Inc, ARB-2024-0060, 2024-CER-00001.  The U.S. Dept. of Labor ARB also issued an Order formally approving the appeal request and issuing a briefing schedule. I filed a Notice of Pendency in the civil lawsuit for our Case Mgmt Conference tomorrow. You can read the full Order in the filing here.
The recording of my LaborFest 2024 talk about Apple, hazardous waste, semiconductor fab, & workplace safety is now posted! Check it out! From the YouTube description: "Apple in Santa Clara has illegally built a fabrication facility next to residential apartments in Santa Clara and has flagrantly violated EPA and other local and state regulations in the operation of this facility. Ashley M. Gjøvik is a former Apple senior engineering program manager who discovered that her office was above a contaminated dump site that was allowing fumes to enter the office and that her home was also located next to the illegal Apple fabrication facility that was contaminating the Santa Clara neighborhood. When she blew the whistle she was targeted and terrorized by Apple in order to shut her down. She is now fighting Apple in Federal Court and filed a RICO suit against Apple for its illegal activities. She also discovered that the oversight agencies which are supposed to protect her and the public have been captured by Apple and the corporations that they are supposed to be regulating. This presentation was made on July 21, 2024 as part of LaborFest.net which commemorates the 1934 San Francisco general strike during the month of July and was also sponsored by WorkWeek. I'm incredibly honored to have my semiconductor fab story spotlighted by Monroe Labs on the "Microsoft - A Materialist Approach" YouTube channel. Check it out! From the YouTube description: "In today’s video, we’ll take a detour from examining Microsoft’s activities to talk about Apple. Specifically, the health and legal struggles of Ashley Gjovik (whose name I mispronounced as Grovnik in this video), inflicted on her by Apple. We’ll also talk about the work Gjovik has been doing shining a light on the ecological and health impacts of Apple’s chip fabrication facilities which are little reported on. When most people think of Apple, what comes to mind is the image it has crafted for itself: ultra competence, austere efficiency, design excellence and echoes of the myth of California - progressive and open. Of course, Apple is a corporation and operates according to the rules of capitalist political economy and also, the power imperatives of capitalist enterprises - an imperial disdain for people’s lives because profit is uber alles. In June of 2024, Gjovik posted an overview of her experiences and findings on LinkedIn which I read for you. By the way, the music you’re hearing is from the album, Architect of Truth by Robert Beshara. The song is Whiplash. Link in the show description." |
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