In bravery and hope, Bernita Carmichael, a DC Government Risk Manager suffered from workplace violence by her manager Alecia Denmark Director of Building Operations, August 24, 2022. The Building Operations Director, holds a trusted role overseeing physical security (security cameras), facilities management, and more. It is shocking Ms. Denmark would abuse her authority to commit such an act of workplace violence to her employee. Especially knowing her role as a manager required Ms. Denmark to approve pay, guide Ms. Carmichael, train up, give performance evaluations, and more. 

In 2023 Ms. Carmichael was further victimized when she was denied worker’s compensation by a DC Government claims supervisor with zero license as a health provider. Undergoing all of this, Ms. Carmichael raised her voice against the glaring negligence and injustice faced by victims and survivors of workplace violence. This deeply personal fight, formed from first-hand experiences and witnessing the experiences of others, sheds light on atrocities that are often overlooked and dismissed by those who could enact change such as the DC Office of the Attorney General led by Brian Schwalb charged with negotiating a Settlement on behalf of DC Government with Ms. Carmichael’s black female minority owned attorneys of District Legal Group.

As a whistleblower for this cause, Ms. Carmichael’s demands aimed not only at her own benefit but also for the wellbeing of all DC Government employees including those who live in the DMV and those commuting from other states. All DC Government employees deserving regardless of race, how they identify, or even their title a credible functioning worker’s compensation program, workplace violence program, workplace safety, and secure working conditions. 

Unfortunately, demands presented by Ms. Carmichael’s attorneys District Legal Group were labeled “outrageous” by the DC Attorney General Office led by Brian Schwalb. Bernita Carmichael a career enterprise risk manager as early as late 2004, a continuous victim of workplace violence since 2022 to-date, DC Native born at Walter Reed Army Medical Hospital in Ward 4, a black woman early 40’s, daughter of an Army Veteran serving 3 wars, product of the Mid-Atlantic region, Ward 5 resident, active Committeewoman of the DC Democratic Party, and openly LGBTQ+ since 1999 was denied worker’s compensation and further victimized by being publicly lynched for presenting these demands during negotiations the OAG was authorized to settle and had all the authority to present a counteroffer but the OAG didn’t present a counteroffer at all. Instead the DC Office of the Attorney General led by Brian Schwalb called demands “Outrageous” and pushed Ms. Carmichael through a pipeline known so well by people of color leading to more injustice and legal fees amounting to $40,000 so far.

The face of the bureaucracy, the DC Office of the Attorney General led by Brian Schwalb, is expected to uphold the principles of democracy, justice, and fair treatment. Dishearteningly, these values seem to be conveniently forgotten when it comes to the safety and well-being of DC government employees by OAG, more specifically people of color that’s the highest in DC Government workplace safety data. To add to the worries, the U.S. Bureau of Labor Statistics reported more than 2.8 million nonfatal workplace injuries and illnesses in 2019 while the National Safety Council estimates that every seven seconds a worker is injured on the job. Yet, the cries for justice, the pleas for safety remain unheard (Bureau of Labor Statistics, 2019; National Safety Council). Also the Biden Harris administration launched in 2021, New Initiatives at OSHA and Across Agencies to Enhance Workplace Safety, Build Local Resilience, and Address Disproportionate Heat Impacts with an emphasis on minorities.

Workplace safety is not a privilege, but a fundamental human right, and these statistics depict a gloomy image of its plight. It is high time all victims, survivors, witnesses, and allies of workplace violence, stand united against these unfortunate incidents.

By signing this petition, everyone in the DMV region supports, actively demanding justice and safety from the DC Office of the Attorney General. Our collective voice as a DMV region cannot, and should not, be ignored any longer. Especially for persons of color, bring them equity and inclusion in workplace violence, workplace safety, and their privacy plus care in worker’s compensation.

We can bring about this change, one signature at a time. Be a part of this movement. Sign the petition today. Please keep DC Native Ms. Carmichael’s fight in your thoughts and prayers. 

See Initial Demands and 4 New Demands below:

Non-Monetary:

1. Workplace  Violence Policy & Training Video- A workplace violence policy agency wide for annual In-Service & Pre-Service by 2024. With anonymous reporting connected to the OSHA Baltimore office, Inspector General, DC EEO, MPD, and  Department of Labor. 

 

2. Workplace Safety Orientation- In Service & Pre-Service for all government personnel & contractors with site specific information by 2024. (New: Annually & refreshers)

 

3. Worker Comp Orientation- Annual In Service & Pre-Service for all government personnel by 2024. This shall include Department of Health HIPPA officer and how to report abuse of access to medical records.

 

4. HIPAA Abuse Disclaimer- A disclaimer on abuse of access to medical records with a HIPPA Hotline or anonymous based reporting affixed to all worker compensation forms and official ORM website as an individual tab.

 

5. HIPAA Training- Agency wide by the Department of Health (DOH) and include DOH with all worker comp trainings for employees and managers.

6. OSHA MOU or MOA- An official agreement with OSHA Baltimore office to conduct workplace violence investigation & integration of OSHA General Industry Training.

 

7. OSHA General Industry Training w/ Hazwoper- For all PSWCP operators, Risk Managers Agency wide, Human Resources, Emergency Managers, and the Risk Prevention Division.

 

8. OSHA General Industry Trainer- for all Risk Prevention Division Managers & Risk Managers.

 

9. Risk Management & Worker Compensation Manual w/ Standard Operating Procedures & Activity Sheets- All Risk Managers & Workers Comp coordinators must have full program tools to utilize as official reference and guide to execute their duties. Tools should include a Team Safety model for a collaborative approach to workplace safety. No piecemeal to support program management and efficiency by 2024.

 

10. Fleet Coordinator Manual w/ Standard Operating Procedures & Activity Sheets- All Fleet Coordinators must have a full program manual & standard operating procedures. No piecemeal to support program management and efficiency by 2024. As well as an anonymous process to report suspicious activity for investigation by DPW, Inspector General, and ORM. 

 

11. Protection & Dignity for All: A separate 3rd party medical provider and team independent of Concentra and the operators of the PSWCP to protect & give dignity to operators as Risk Managers, HR, Senior Leadership, and Worker Comp. As well as no claims can be handled by internal peers or teammates to ensure no bias, fraud, and they properly recuse themselves from the claim. 

 

12. Secured Agency Worker Comp Rolls- Controls around the distribution and access to Agency Worker Comp Rolls. Current practices send this as an attachment and you can’t track if this information was forwarded or taken outside of the agency. A method for those with approved access to see the report and only run a report without names of claimants affixed to report. At minimum should have an employee number or limit to WC number only.

 

13. Office of Risk Management General Order Enforcement- All Risk Managers direct report must be solely to the General Counsel, Chief of Staff, or Agency Head to prevent abuse, bullying, or mistreatment by 2024.

 

14. Workplace Violence Mandatory Administrative Leave- From inception of incident for the victim until the matter is officially resolved by HR and the PSWCP.

 

15. Trauma Informed Implementation/ Mental Health First Aid- Licensed Trauma counselors part of the intake team, 3rd party medical providers, Human Resources, Risk Management, and PSWCP policy. 

 

16. Evidence Chain of Custody- Policy development and Training for all HR, Risk Managers, PSWCP, Physical Security Owners, Security, Government Managers, and General Counsel on chain of custody for evidence. 

 

17. Medical records oversight- By DC Department of Health and a hired licensed physician. This will include handling and proper disposal. As well as only retrieve medical information from date of incident forward for all government employees.

 

18. ORM PSWCP Medical Claims Examiners- All current claims examiners must be medical claims examiners and with the appropriate authority & credentials as part of their job description. 

 

19. ORM Licensed Physician- A licensed physician as a government employee charged w/ the administration of the worker comp program with a full licensed medical claims team as supervisory managers or MOU with DOH as monitoring physician. 

 

20. ORM PSWCP Medical Intake Team & Medical Claims Examiners- All current claim intake teams & claims examiners must be medical claims examiners or the level of a medical assistant with the appropriate authority & medical assistant credentials as part of their job description. 

 

21. Medical Bill Teams & Return To Work Officers- Must have medical billing and coding training, HIPAA training, Ergonomics Assessment training, and cross trained as a medical assistant. 

 

22. Termination- Immediate termination of Alecia Denmark from District Government with an option to rehire 5 years later only.

 

23. Recognition- A plaque recognizing me as a Top 3 Risk Manager for the many years of service & commitment to DC Government. 

 

24. Receive & Discharge Planning- All return to work officers and medical claims examiners must be required to communicate to claimants as part of good case management the full agency details with points of contact for successful HR reinstatement of the employee and to ensure all collaborators are ushering injured workers all the way through together.

 

25. A holistic medicine provider- Occupational Health providers with more holistic medicine as opioid & substance abuse is very significant today as it was when the HIV and Drug epidemic hit communities but more importantly communities of color.

 

26. A Seat for Women of Color in Enterprise Risk Executive Leadership- One Woman of Color as the Deputy Director of the Risk Prevention Division with credentials as ProBoard Fire Protection Inspector ,OSHA General Industry Trainer, and Emergency Manager. 

27. A Seat for Women of Color in Risk Prevention Specialist- One woman of color as a Risk Prevention Specialist with credentials of fire protection officer, OSHA General Industry Trainer, and Emergency Management Specialist. 
Workplace Violence & Workplace Injury

28. Mandatory Trauma Counselors unit at ORM- For immediate assessment of all government employee’s post incident or as soon as physically capable to. 

29. Fully Integrated Enterprise Risk Management Hardware & Software w/ Agency Data Sharing Agreements: Sole Source Oracle JD Edwards EnterpriseOne and scrap ERISK.

30. As well as implement agency data sharing agreements accessing all agency regulatory needs such as FERPA, HIPAA, PREA, and etc. Current tool (ERISK) from parent agency is a complete burden to the child agency as coordinators and even ORM personnel with various specialties such as Tort, Insurance, and more.  Everyone deserves better and we must build resilience by delivering a comprehensive program as the face of risk management. This is coming from implementing these tools in 2005 where the nation transitioned from the familiar “WorkWise” occupational health to a “Team Safety” model that’s more inclusive to integrate the streams of stakeholders and target the cost of loss. 

31. New Demand: Licensed Medical Provider of employee choice - Concentra does not have a DC location for our employees. Concentra should not be a sole source medical provider for the workers compensation program. That creates a monopolistic supplier. Most licensed health care providers work at local and regional hospitals too. Their license allows them to practice practically anywhere in America as they are universal healthcare providers. To include DC government solicits multiple healthcare providers such as Kaiser and Aetna who should be allowed and have proper protocols around the handling of medical records. Our healthcare providers are partners to government and COVID has already proved that. End Concentra as being the Sole Source provider and allow all licensed health providers to treat and manage claimant’s health needs.

31. New: End Sole Source Independent Medical Evaluator- Allow local and regional healthcare providers to serve as Independent Medical Evaluators. We have a consortium of healthcare providers we should lean on in this area that’s under utilized. 

32. New: Pregnancy Testing- Ensure Healthcare providers for workers comp are immediately testing for pregnancy before treating for workplace injuries.

 

33. New: A Method of Transportation for injured workers to get to work and home. We are a metropolitan region and mobility is impacted when a worker is injured. Which can make it complicated to drive, walk long distances, and more. Reimburse them or provide a stipend for transportation to and from work not just medical appointments.