Norfolk Southern Railway's Gold Medal Turns to Tin
As Yogi Berra would say, "It's starting to get late early out there" for the Norfolk Southern Railway. OSHA has blown the whistle on NS's campaign of retaliation against injured workers, and the Federal Rail Safety Act awards and punitive damages just keep piling up.
In the latest, Nelson v. Norfolk Southern Railway, OSHA's investigation confirmed that employees "are reluctant to report an injury and/or illness, fearing that they will be targeted and eventually terminated from employment." Which explains how NS has kept its injury rates low enough to receive "the prestigious E.H. Harriman Rail Safety Gold Medal Award for 22 consecutive years." Only in the railroad industry could managers receive a safety medal for suppressing the reporting of injuries.
OSHA notes the "chilling effect" of NS's "reckless disregard for the law" and points to how NS "has been cited previously by the Federal Railroad Administration for harassing and intimidating employees from reporting injuries" in violation of FRA regulations. OSHA concludes that NS's "disregard for Complainant's rights under FRSA warrants punitive damages" in the amount of $75,000, plus another $20,000 for emotional distress and $26,000 in attorney fees.
When it comes to railroads like the NS, all that glitters is not gold.
It appears OSHA is getting much more aggressive with Railroads for non compliance. This is the second case in less than two months in which punitive damages of over $75,000 has been handed down. These cases also show the unfairness of Railroads investigations; the hearing examiner is a manager, evidence is not admitted at the investigation, or shared with unions prior to them.
All union contracts call for a fair and impartial hearing (investigation); however the hearing examiner is playing the role of the prosecutor, and the judge. It amazes me that NRAB has let this farce continue so long. Could you imagine how good a prosecutor’s record would be, if he was able to prosecute the case then judge the case? These investigations are little more than inquisitions as they are currently structured. Until the NRAB says clearly that the current system must be scrapped as unfair, cases such as this will continue, at least OSHA is there for injured worker, but the current investigation system is used for any offense.