OSHA’s Whistleblower Office has issued a revised and updated Whistleblower Investigations Manual that applies to complaints under the Federal Rail Safety Act. The Manual explains the process from start to finish, and workers and attorneys will find it useful to orient themselves as to the steps involved in FRSA complaints.
Two points of note: the Manual confirms OSHA investigators are to provide a copy of the railroad’s response to the complainant, and confirms OSHA takes the position that the FRSA “election of remedies” subsection “does not preclude a FRSA complaint where an employee has pursued a grievance and/or arbitration pursuant to the employee’s collective bargaining agreement.”
Here is the complete text of the new Whistleblower Investigations Manual. Tip: the Manual is very lengthy and covers a dozen different whistleblower laws, so use the Table of Contents to identify relevant sections to print out.