FRSA Prohibits Discipline For Following Treating Doctor's Orders
Here's more confirmation that an injured railroad worker cannot be disciplined for following his treating doctor's orders. Under the Federal Rail Safety Act, railroads are strictly prohibited from "denying, delaying, or interfering" with the medical treatment plan of a treating doctor. In a recent Award, OSHA found that PATH Rail violated the FRSA when it imposed "excessive absence" discipline on a worker who followed his doctor's orders to stay out of work due to an off-the-job aggravation of a prior on-the-job injury. Full text of Award. In the words of OSHA's Regional Administrator, "Railroad employees have the statutory right to report work-related injuries and to follow the orders or treatment plan of a treating physician. Railroads who retaliate against employees for exercising their rights will be held accountable." OSHA Press Release. So absences in any way related to injuries are immune from discipline. That is the message OSHA will keep sending until railroads get it.
