Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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The first problem with the story that FEMA offers to support the alleged adverse actions is that, even accepting the severity of the safety concerns on which their business necessity justification was partly premised, the findings of the June 2007 METAR inspection are very similar to those of the 2008 review, and yet, the need for action (closing the center for repairs) on previously non-threatening conditions arose unexplainably in 2008. The findings were, inter alia, that a reevaluation of the fire alarm system and related emergency procedures needed to be con*614ducted; assessment and modification of the building’s egress routes was needed; the facility did not have a hazardous communication, material, or ladder safety program; OSHA Form 300 injury log procedures and Form 301 incident report procedures were not updated; exit signs were not present at several locations throughout the facility; and internal safety orientation training was not provided. By the time the 2008 review was performed, all matters were either corrected or had a corrective plan in effect. In fact by May 21, 2008, FEMA’s own internal communications show that the “only item pending on the [2007] METAR which [had] not been solved” was the construction of a new egress route. It bears noting that this egress route had never been a concern of FEMA, as the building never had one since it was first occupied by FEMA in 1995. In fact, the egress pathway and ramp that were mentioned in the 2007 METAR were only recommended as “mid-long term recommendations.” Also, the property lease for this facility had been renewed periodically but the facility was not inspected every time it was renewed.16 For twelve years, FEMA officers and managers visited the PR Center without ever raising any concerns about dangerous conditions on site.

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