Train Law Blog

Train Law Blog

The Source for Railroad Injuries & Whistleblower Protection

Tag Archives: railroad whistleblower retaliation

New Guidelines on FRSA Settlement Agreements

Posted in Federal Rail Safety Act
Recognizing it’s hard to blow the whistle once you’ve been gagged, OSHA has issued new guidelines prohibiting the use of gag and confidentiality clauses in settlement agreements. See Policy Guidelines for Approving Settlement Agreements in Whistleblower Cases. OSHA reviews settlement agreements between whistleblowers and their employers “to ensure they are fair, adequate, reasonable, and in… Continue Reading

Spotlight on CSX Retaliation

Posted in Federal Rail Safety Act
You can tell a lot about a workplace culture by how managers react to employee safety complaints. Enlightened managers welcome safety complaints, benighted managers suppress them. Enlightened managers view such complaints as a valuable opportunity for improvement, and underscore the first importance of safety by publicly thanking those employees. Benighted managers view such complaints as… Continue Reading

The Broad Scope of FRSA Adverse Action Reaffirmed

Posted in Federal Rail Safety Act
A federal judge has confirmed the principle that “adverse action” prohibited by the Federal Railroad Safety Act is any action that would dissuade a reasonable employee from engaging in FRSA protected activities (such as reporting injuries or safety hazards or following a treating doctor’s orders). It is not limited to the actual imposition of discipline,… Continue Reading

Video Interview: Discussing the landscape of rail safety with LXBN TV

Posted in Railroad Accidents, Railroad Safety
Responding to my recent post  about Metro North Railroad’s Spuyten Duyvil train derailment, Colin O’Keefe of LXBN interviewed me regarding the culture of rail safety on our nations railroads, and the external and internal factors that make it so subpar.  Rail employees are the eyes and ears of safety on the property, but recently Congress and OSHA’s Whistleblower Directorate have confirmed a… Continue Reading