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

Extreme Weather: The Maintenance-Resilience Link

Extreme heat serves as stress test of the resilience of utility systems that provide power, cooling and life safety functions.


Encompass Health Lower Providence Opens in Pennsylvania

The 50-bed inpatient rehabilitation hospital is the company's 11th location in Pennsylvania.


Intermountain Health Acquires Fairbourne Building for Healthcare Hub and Medical Campus Conversion

Construction on the interior of the building is underway with the city and Intermountain working closely together on the campus.


Cooling Towers at NYC Health + Hospitals/Lincoln Test Positive for Legionella

Hospital among the positive tests at 10 cooling towers in South Bronx.


Prefabricated Wall Panels Accelerate UCF Lake Nona Medical Center Construction

Case study: StoPanel exterior wall systems helped Wal-Mark Contracting meet strict Florida wind-load requirements and complete 136 panels in just 11 days.


 
 


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.