The Federal Rail Safety Act prohibits a railroad from “discriminating in any way” against an employee who engages in the protected activity of raising a safety concern or reporting an injury. Such discrimination can take many forms, but two recent decisions highlight a classic example: namely, treating a worker differently from other similarly situated workers.
January 2012
How Not To Settle FRSA Claims
By Charlie Goetsch on
Posted in Federal Rail Safety Act
No matter what a railroad may try to tell you, a Federal Rail Safety Act claim under OSHA jurisdiction cannot be settled without the express written approval of OSHA. Here’s why.
The FRSA itself states: “The rights and remedies in this section may not be waived by any agreement . . .” 49 USC 20109(h).