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How To Report An Unsafe Employee For A Federal Contractor

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Hello folks. As with I assume a lot of posts here I am not sure I am in the right place, but I wasn't sure where else to ask.

So the situation: I work for a durable medical equipment company that happens to be federally contracted to service VA patients in multiple states. We set up home oxygen, deliver portable tanks, deliver and set up hospital beds, wheelchairs, provide CPAPs etc etc...Part of our services include delivering equipment in company provided vehicles.

We hired a driver (or patient service tech) about a year ago, and this guy was just massively incompetent. Constantly screwing stuff up, forgetting basic policies, having to have things explained to him over and over, constantly having patients complain on him for just lax service, incompetence, and sometimes just straight up weird behavior. But it is what it is, problem employees are problem employees, whatever.

Well, his behavior gets worse and worse. Like the guy is flaked out of his head all the time. Like he is constantly baked or something. Well within his 90 day probationary period, he'd started missing a lot of work. He claimed he was being treated for some kind of vague cancer or cancer adjacent condition, but said that the "kemo" would not effect his work. We never once received any doctor's excuses for those absences. Moreover, there were a lot of absences for unrelated personal things. These are unexcused absences. My manager is pretty lax on this kind of thing. She understands that life shit happens, it is what it is, she was not really keeping up with it. We will put this to the side.

So fast foreward a few months. We started noticing cans of "Twisted Tea" in our dumpster. And a couple of our employees see him carrying empty Twisted Tea cans from his personal vehicle to throw them away. Red flag. Couple of weeks later, the guy is opening a box with a pocket knife and accidently stabs himself in the leg. He starts bleeding like a stuck pig and we get him stable while the ambulance comes. They take him to the ER. While me and the manager are getting his personal effects out of his work van, we find a drink cup in the console with what smells like alcohol in it. (This is like 9am btw). We do our due diligence, document everything, report it to HR. It's a worker's comp thing so we assume blood tests and such are run at the ER.

Nothing ever comes of it. Company risk management people and HR keep asking questions like "Well how do you know its alcohol?" and "Did you actually see him drinking it?" Of course we didn't. So they say they can't do anything, our company pays a $6000 dollar ER bill, and we put what we reasonably believe to be an alcoholic back out on the road in a company van, servicing patients. Drunk or sober, the guy is known for driving excessively fast and wreckless. He actually lied about one of his “doctor’s appointments” to go pay a speeding ticket in another town that was never reported.

My manager is at a loss. Her boss tells her "Document everything, so you can get him dealt with and cover your ass." My manager figured that if the company won't fire him for driving drunk, we will have to get him on attendance. So she starts cracking down on the whole office, logging all our absences and being very strict to policy. The guy's absences start to quickly pile up.

One evening he is on his way to a delivery, driving down a 25MPH residential street. Exactly one block after a stop sign, he "swerves to miss a dog™" and plows the van into a telephone pole so hard that he snaps the telephone pole like a twig, breaks the wheel off the van, deploys both airbags. The driver is miraculously uninjured. By the time I get to the site of the crash, the cop is back in his vehicle. No charges, no citations. The driver stinks of booze.

The company puts him right back out on the road again. Because we can’t prove anything. My manager stays with it, letting him rack up unexcused absences, strictly following company policy, until he accrues enough to warrant termination. She files it with HR, does all the paperwork. HR takes days to get back with us, seemingly dragging their feet on the issue and even acting like they never received the email at one point.

Finally, our regional manager tells my boss “Look, its pretty much a done deal. By company policy he is terminated.” My boss calls the guy in, gives him the news, and that's that.

That was Monday. Today, Friday, HR calls and tells my boss that this guy is filing a wrongful termination lawsuit against the company because we did not make reasonable accommodations to his medical condition, and that they have been obliged to offer him his job back.

So after all this, my question is, is there someone external I can report this guy to that can force our company to deal with him? We don’t even care about his absences, he is dangerous. He is a danger to everyone at work, he’s a danger to our patients. No one feels safe. He should not be out on the road. He is driving under the influence with a van full of pressurized oxygen cylinders. Surely there is some kind of federal policy against contracted employees working while intoxicated. Is there some kind of agency I can make an anonymous report to? My manager is ready to quit her job over it, and the whole office has vowed to follow her. But surely there is someone I can blow the whistle to? Or am I just gonna have to report it to the local police, hope they pull him over, and hope that they actually check him out this time and pop him for DUI? And then hope the company actually fires him for it?

submitted by /u/easy506
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