New findings back up VA whistleblowers' charges

2015-09-21T14:06:48-04:00

CNN)The Department of Veterans Affairs has not listened to whistleblowers or protected them, and it also has not punished employees who tried to stop or interfere with whistleblowers, according to a letter the U.S. Office of Special Counsel sent to the White House and Congress on Thursday.

The new findings substantiate some allegations by whistleblowers highlighted in a CNN investigation in 2014 and numerous stories examining delays in care and preventable deaths of veterans.

The OSC letter backs up allegations by whistleblowers who raised alarms about dangers and harmful incidents happening to U.S. veterans in various VA facilities. And the letter says VA officials did not protect those who came forward and even tried to harm them.

In a statement to CNN in response to the OSC letter, the VA said it is "committed to creating a work environment in which all employees -- from front-line staff through lower-level supervisors to senior managers and top VA officials -- feel safe sharing what they know, whether good news or bad, for the benefit of Veterans, without fear of reprisal."

Read the full statement from the VA bellow.

One of the whistleblowers whose case was examined and substantiated by the OSC was Dr. Katherine Mitchell, a VA doctor who made public numerous problems at the Carl T. Hayden VA Medical Center in Phoenix.

Mitchell, who was featured in CNN's investigation, had raised alarms about dangerous delays in veterans' care, partly due to the lack of trained triage nurses in the Phoenix VA emergency room. But VA officials failed to act on Mitchell's disclosures for five years and also took no disciplinary action against responsible officials in Phoenix, the OSC found.

VA deaths covered up to make statistics look better, whistle-blower says

"The failure to take appropriate discipline, when presented with clear evidence of misconduct, can undermine accountability, impede progress, and discourage whistleblowers from coming forward," Special Counsel Carolyn Lerner said in the OSC letter.

According to the OSC, the VA confirmed that the Phoenix VAMC had no nurses in its Emergency Department comprehensively trained in medical triage, as Mitchell had pointed out. Yet Phoenix VAMC nursing supervisors required untrained nurses to triage patients, leading to at least 110 cases where patients experienced dangerous delays in care.

Mitchell settled her whistleblower case with the VA, but she is still speaking out about alarming situations that she says continue to exist inside the VA.

"There's no way I'd recommend anyone, any professional join the VA right now," she said in a recent interview. "Because (VA Secretary Robert) McDonald has not made any substantial progress in holding people that do whistleblower retaliation accountable."

VA whistleblower says investigation has been a 'whitewash'

The OSC substantiated dangerous situations in several other VA offices, including those disclosed by a worker at the Vet Center in Federal Way, Washington, and also situations in Maryland, in Montgomery, Alabama, and in Beckley, West Virginia. The OSC found that little to nothing was done by officials in most of these instances.

"The lack of accountability in these cases stands in stark contrast to disciplinary actions taken against VA whistleblowers," Lerner said in the letter.

"The VA has attempted to fire or suspend whistleblowers for minor indiscretions and, often, for activity directly related to the employee's whistleblowing. While OSC has worked with VA headquarters to rescind the disciplinary actions in these cases, the severity of the initial punishments chills other employees from stepping forward to report concerns," Lerner wrote.

VA response to OSC findings:

CNN)In response to a letter the U.S. Office of Special Counsel sent to the White House and Congress on Thursday regarding treatment of whistleblowers, the VA released the following statement:

"VA is committed to environment in which all employees -- from front-line staff through lower-level supervisors to senior managers and top VA officials -- feel safe sharing what they know, whether good news or bad, for the benefit of Veterans, without fear of reprisal.

Over the past year, the Department of Veterans Affairs has worked closely and in good faith with the Office of Special Counsel to correct deficiencies in the department's processes and programs to ensure fair treatment for any whistleblower who raises a hand to identify a problem, make a suggestion or report what may be a violation in law, policy or VA's core values. As part of that com

VA became the first cabinet-level agency to secure certification from the OSC under OSC's 2302(c) Whistleblower Protection Certification Program, which ensures that Federal agencies meet the statutory obligation to inform their workforce about the rights and remedies available to them under the Whistleblower Protection Enhancement Act and related civil service laws. That certification reflects the Department's compliance with five requirements related to training employees and supervisors about whistleblower protection rules, and providing information about whistleblower rights and processes to current employees as well as new hires.
VA also negotiated an expedited process with OSC to speed corrective action for employees who have been subjected to retaliation. That process, which is unprecedented and unparalleled in Federal government, allows OSC and VA to work collegially to protect whistleblowers from retaliation.
VA recently asked OSC to help VA expand its collaborative process to facilitate more efficient accountability actions for supervisors who engage in retaliatory conduct.
VA is continuing its work with OSC's Training and Outreach staff to create a robust new face-to-face training program for VA supervisors, to ensure they understand their roles and responsibilities with respect to responding to whistleblower disclosures, and protecting employees who make those disclosures."

Response by SGT Mark Estes made Nov 21 at 2018 2:26 PM

2018-11-21T14:26:59-05:00

Wow

Response by MAJ Ken Landgren made Nov 21 at 2018 6:46 PM

2018-11-21T18:46:43-05:00

In some cases managers and leaders will circle the wagon even if they are wrong.