According to the US Department of Labor (DOL), a Staten Island health center has agreed to pay $195,000 to a former employee who reported concerns of risk of infection from an in-person staff meeting during the early days of the COVID-19 pandemic. The announcement was made on January 12, 2024.
In March 2020, as COVID-19 became a global pandemic, an employee of the health center asked permission to allow a regularly scheduled meeting to be held by teleconference, and then changed the format of the meeting to teleconference, rather than meeting in-person in a windowless conference room. When the health center’s CEO insisted they hold the meeting in person, the employee changed the meeting format back to in-person but did not attend the meeting given their concerns about being exposed to the virus there.
Two days later, the center suspended the employee for refusing to attend the meeting and for unspecified “insubordination,” and prohibited them from access to all worksites. A few weeks later, the clinic terminated the employee without further explanation. The former employee filed a whistleblower complaint with the DOL’s Occupational Safety and Health Administration (OSHA).
In June 2021, the department filed suit against the health center and its CEO, alleging they violated the anti-retaliation provisions of the Occupational Safety and Health (OSH) Act by suspending and ultimately terminating the employee for reporting a hazardous work condition—potential exposure to COVID-19 at an in-person staff meeting.
Following litigation and mediation, the health center and the CEO have agreed to pay $195,000 in back wages and compensatory damages to the former employee. In addition, they will, among other things:
- Expunge from the employer’s employment records references to the employer’s suspension and termination of the employee.
- Provide a neutral reference for the employee if any prospective employer requests an employment reference or verification.
- Conduct a reading of rights informing employees that they are protected by Section 11(c) of the OSH Act.
- Post a notice for employees stating that they will not in any manner discriminate against any employee for engaging in activities protected by Section 11(c) of the OSH Act.
- Provide employees with annual training on their Section 11(c) rights for at least three years.
“The outcome of this case sends a clear and strong message to employers that the US Department of Labor will investigate and pursue appropriate legal action when employers disregard or discourage their employees’ efforts to address legitimate health and safety concerns,” said Regional Solicitor Jeffrey S. Rogoff in New York.
Compliance Perspective
Issue
The OSH Act of 1970 states that each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; [and] shall comply with occupational safety and health standards promulgated under this Act. The OSH Act also contains whistleblower (anti-retaliation) provisions that generally provide that employers may not discharge or otherwise retaliate against an employee because the employee has filed a complaint or exercised any other rights provided to employees by the statute.
Discussion Points
- Review your policies and procedures on nonretaliation and the prohibited firing of or other negative actions against any employee in retaliation for reporting health and safety concerns.
- Ensure that staff are aware of your nonretaliation policies and the steps they should take if they have health or safety concerns, including the use of the anonymous Hotline. Document that these trainings occurred, and file each signed document in the employee’s education file.
- Periodically audit staff understanding to ensure that they are aware of your policy of nonretaliation in the workplace and how to report any concerns. Review reports received to ensure they were addressed properly in a timely manner.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
