US health centre to pay $195K for COVID-19 safety concerns after whistleblower complaint
A US health centre is paying $195K to a former employee who filed a whistleblower complaint over reported concerns of in-person staff meeting during COVID-19.
The following is an abridgement of an article originally published on the OSHA website.
In March 2020, an employee of the Staten Island Community Health Center of Richmond, Inc. raised concerns about the risk of COVID-19 transmission at an in-person meeting. Despite their request for a teleconference, the CEO insisted on an in-person meeting. The employee, prioritizing their safety, did not attend the meeting.
Unjust treatment of suspension and termination
Two days later, the health centre suspended the employee for “insubordination” and denied them access to all worksites. In April 2020, the employee was terminated without further explanation, leading them to file a whistleblower complaint with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
Legal action: OSHA’s intervention
In June 2021, OSHA filed a lawsuit against the health centre and its CEO alleging violation of the anti-retaliation provisions of the Occupational Safety and Health Act. The violation was based on the suspension and termination of the employee for reporting a hazardous work condition - potential exposure to COVID-19 at an in-person staff meeting.
Settlement
Following litigation and mediation, the health centre agreed to pay $195,000 in back wages and compensatory damages to the former employee. They also agreed to expunge the suspension and termination records, provide a neutral reference for the employee, conduct a reading of rights, post a non-discrimination notice, and provide annual training on employees’ rights under Section 11(c) of the OSH Act for at least three years.
Upholding workers’ rights
OSHA Regional Administrator Richard Mendelson emphasised that the Occupational Safety and Health Act guarantees workers the right to raise safety and health concerns without fear of retaliation. The outcome of this case sends a clear message to employers that discouraging employees’ efforts to address legitimate health and safety concerns will not be tolerated.
Sources
Staten Island health center will pay $195K to former employee who reported concerns of risk of in-person staff meeting as pandemic grew by OSHA, 12th January, 2024.
