Court Denies Health Provider's Objection Over Whistleblower

Health Center and CEO allegedly violated OSHA law by terminating employee who reported concerns about workplace COVID-19 exposure.

By HFT Staff


The U.S. District Court for the Eastern District of New York recently denied a Staten Island, New York, health provider’s attempt to prevent the U.S. Department of Labor from pursuing damages for a COVID-19 whistleblower whose private state whistleblower claim was dismissed. 

In June 2021, the department filed suit against Community Health Center of Richmond Inc. and its CEO, Henry Thompson, alleging that they violated the Occupational Safety and Health Act when they suspended and later terminated an employee who reported their concerns about the potential for COVID-19 exposure at an in-person staff meeting. The OSH Act protects workers who report a hazardous work condition from retaliation. 

The employer sought to prevent the department from seeking individual damages for the whistleblower, arguing the dismissal of the former employee’s prior state whistleblower claim prevents the department from obtaining monetary relief for the aggrieved worker. A federal court rejected the employer’s argument, underscoring the department’s exclusive authority to seek damages for individual whistleblowers under the OSH Act. 



November 4, 2022


Topic Area: Industry News , Safety


Recent Posts

Enhancing Safety at Hennepin Healthcare with a Screening System

Case study: The system was able to detect 2,500 risk items in less than five months.


Healthcare Workers Outside Butler Memorial Hospital for Increased Workplace Safety

The picketing comes as the nurses and other healthcare staff experience increasing incidents of workplace violence.


TriasMD Set to Open DISC Surgery Center at Carlsbad

With construction finished, it is now being equipped and staffed to take on its first cases.


Columbia Eye Clinic Ensnared in Data Security Incident

It does not have any indications that its electronic medical record system or practice management systems were affected by this incident.


7 Steps for Strategic Technology Integration in Healthcare Facilities

Careful thought about the ways technology can, should and might be used in the future can prevent costly retrofits and ensure seamless system integration.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.