Worker forced to work in ‘plastic bubble’

WINDOW ROCK

At a time when school and office re-openings are being considered, it can be enormously stressful for employees with underlying health conditions.

Add supervisors who are less than informative or accommodating, and the whole process can be terrifying, as has been the case for Evangeline Largo at the Fort Defiance Agency Office of the Navajo Nation Department of Child Support Services.

When Largo was deemed essential and called back to work on a staggered schedule in June, she arrived at her office to learn it would be draped with plastic sheets.

Her boss, Program Supervisor Juanita Martinez, told her it was for her own protection, said Largo.

“The work station was completely sealed with a small cut to allow entrance into the enclosed area,” said Largo. “The plastic went from the ceiling to the floor and duct tape sealed the perimeter.”

Largo approached Martinez to remind her of her asthma and allergies.

“She looked at me frustrated, sighed and said, ‘We all have to work like that,’” said Largo.

However, no one else in her office had plastic installed around their work area.

“I was the one who was completely enclosed like how you would quarantine someone in the hospital,” she said.

Difficulty breathing

Largo attempted to work, but started having difficulty breathing because there was no air circulation, she said.

There was also a strong odor from the plastic and she started having asthma symptoms.

By the next day, Largo ended up in the Tséhootsooí Medical Center emergency room.

“I was gasping for air,” she said.

She also was terrified to go to the hospital because of anxiety over COVID-19.

The physician who saw her was shocked and told her that what had happened could have been life threatening, she said.

“The doctor informed me that it was unsafe to be in an enclosed area and that plastic has a chemical coating on it, which is dangerous to people with asthma and allergies,” said Largo. “I left that hospital visit with six different medications to treat me.”

Largo texted Martinez from the hospital to notify her of the situation.

Martinez responded, “I am on my weekend and I am not going to discuss this matter,” said Largo.

“I am out for one week, doctor’s orders. Return to work July 6,” Largo replied via text.

Despite the doctor’s instructions, the following Monday Martinez informed Largo she needed to come back to work to finish up a deadline even though the plastic sheeting was still up.

Largo says Martinez has been aware of her underlying health conditions since 2019, which was documented again in May per the department request during the COVID-19 pandemic.

“I am a high-risk individual,” said Largo.

“I was in the office alone, forced to work in an enclosed plastic bubble. Had I not survived, what would the Navajo Nation have said to my minor child?” asked Largo.

‘They had no heart’

In the meantime, unbeknownst to Largo, one of her concerned family members alerted Delegate Wilson Stewart about the situation. Stewart in turn notified Health, Education and Human Services Committee Chairman Daniel Tso and forwarded Tso photos of Largo’s workspace.

“Daniel Tso sent the pictures to Dr. (Perfelia) Fowler and said ‘This is uncalled for. This employee should not be going through this,’” said Largo.

Fowler is Division of Human Resources director, and oversees DCSS.

Tso urged Fowler to follow the doctor’s orders, said Largo.

“He put her on alert,” she said.

A few days later Fowler came into Largo’s office and instructed her to leave.

“She (Fowler) was standing over me about one and a half feet away telling me to log out and leave,” said Largo. “I felt threatened, intimidated and harassed.”

Largo said Fowler was not adhering to social distancing requirements and wouldn’t let her explain what happened or “get a word in edgewise.”

Fowler questioned Martinez as to whether she knew about the doctor’s order for Largo to stay out of the office.

Martinez responded that she had not received a doctor’s note from Largo, but didn’t share that she had been informed of the order by text, said Largo.

“Martinez was fully aware of the situation and the danger yet directed me to come back to work to complete an assignment,” said Largo.

Then Fowler threatened to charge Largo with insubordination for going outside of the chain of command to Tso, she said.

Largo started wondering if she was going to be fired.

“I felt like they were retaliating against me for getting sick,” she said.

Afterward, DCSS Program Director Judy Platero, Martinez’ supervisor, sent an email to Largo requesting that she obtain a “return to work statement” from her doctor.

Largo said by the program requiring additional documentation and a return trip to the hospital, she was subjected to additional risk of contracting the virus.

She’s had several relatives pass on from COVID-19 and to have to go through this anxiety on top of the pandemic is uncalled for, she said.

“They had no heart. They really didn’t care,” said Largo.

A good worker

Largo says she’s a good worker and just wants to work in a healthy environment.

“My health is important,” she said. “I mean something to my family and it’s not worth putting my life at risk.”

Largo’s return-to-work statement from the doctor stated, “Evangeline can work with good air circulation and no plastic sheeting.”

However, she went back to work on July 9 and the plastic sheeting was still there.

Largo says the only one who expressed concern for her health and well-being was Platero.

After checking out Largo’s office, Platero told Martinez, “She can’t work in here. It’s not safe. There’s no air.”

Meanwhile, Fowler never once asked Largo how she was doing or apologized for what happened, said Largo.

Fowler was more concerned about how Tso found out about the incident, she said.

“It‘s disheartening and alarming that the supervisors don’t take a care attitude for our workers,” Tso stated in an email to Stewart and members of the health committee after seeing the photos of Largo’s workspace. “Definitely (Office of Environmental Health) and (Navajo Occupational Safety and Health Administration) need to survey, evaluate and approve each office space for re-entry, especially for the employees with compromised health conditions. The Navajo Nation is in a serious liability state of placing employees in unsafe work environments and conditions.”

Alternate work plans

Largo says she wants a thorough investigation into the matter by the appropriate investigative body.

“I called NOSHA because I looked at it as a threat on my life and it was intentional because they know what my health problems are,” said Largo. “I’m the only one that they did that to in the office.”

While she submitted a whistleblower complaint to Navajo Occupational Safety and Health Administration, Largo is concerned that they may not investigate her case because Fowler could easily “pull rank” on the NOSHA office that she oversees.

Largo also said employees have been forced to bring their own masks, gloves, cleaning supplies and sanitizers.

She believes employees are scared of Martinez.

“We’re afraid of her,” said Largo. “That’s why nobody says anything.”

Largo has filed a grievance against Martinez and says she is prepared to take legal action if she needs to, she said.

In a response to a request from this reporter for clarity about the rights of persons with underlying health conditions during the COVID-19 pandemic, the president’s communications director, Jared Touchin said, “Supervisors and employees have a responsibility to maintain a safe work environment by preventing conditions leading to injuries, accidents, and losses …”

Touchin said employees with underlying health conditions are encouraged to work with their immediate supervisors to develop a safety plan.

He explained that the Department of Personnel Management has issued flexible work schedule and telecommuting procedures under the Alternative Work Schedules section of the Personnel Policy Manual.

Employees are responsible for initiating a request for an alternate work schedule with their supervisors, said Touchin.

“Those employees who can perform a substantial amount of their work away from the main worksite may telework,” he said.

Eligibility is determined by department managers.

‘Senseless actions’

Largo said that information was not shared with her.

Instead she has suffered physically, emotionally, and mentally due to the “senseless actions” of her supervisor, said Largo.

By the time Largo went back to work last week, the plastic sheeting was finally removed, but there has been no accountability for why it happened in the first place.

“We’re pretty much full-blown in a situation now,” said Largo.

With support from her doctor and while things get sorted out, Largo is going to request approval to telework from home due to her underlying health conditions.

Neither Martinez nor Platero responded to an inquiry from the Navajo Times.

OPVP Chief of Staff Paulson Chaco, Fowler’s supervisor, also did not respond to a request for comment.

In a phone call, Fowler told this reporter that per personnel policy, Largo’s case is being investigated by Judy Platero, and she would be the one to contact.

“That’s just our normal process,” said Fowler. “I’m not aware of any full details until I get the full report back.”

Fowler stated she can’t share any information until the investigation is complete.

“We’re just getting ahold of the stories right now,” she said.

Fowler also indicated that she had not seen any photos of Largo’s plastic-covered office, so she couldn’t comment on it. She confirmed the plastic had been taken down and that she did not know why it was put up in the first place.

When asked if Fowler had spoken directly to Largo, she replied, “No, not lately.”

“They’re trying to cover it up,” said Largo. “These managers and directors need training. They don’t care about us, bottom line. Had this been handled totally different, we wouldn’t be where we’re at.”

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