Is a government failure to inspect a grocery store and clean up mold protected?

In Whisnant v. United States, we held that the government's failure to inspect a grocery store on a naval base periodically and clean up mold was not protected.⁶⁷ Whisnant, an employee of government contractor, claimed that he became ill as a result of regular exposure to the toxic mold in the store's meat department.⁶⁸ We held that the government's duty to maintain its grocery store as a safe and healthy environment for employees and customers is not a policy choice of the type the discretionary function exception

[794 F.3d 1125]

shields. Cleaning up mold involves professional and scientific judgment, not decisions of social, economic, or political policy.⁶⁹