A recent decision from the U.S. Department of Labor’s Administrative Review Board holds, in a case of first impression, that the National Transit Systems Security Act (NTSSA), 6 U.S.C. Section 1142, “provides subway employees protection against retaliation for raising concerns relating to workplace safety, as well as public safety.”
In Janathan Harte v. Metropolitan Transportation Authority et al., the New York City subway system (MTA New York City Transit Authority) argued the NTSSA does not apply to the safety of subway employee work places, only to public spaces used by passengers.
The ARB soundly rejected that argument, confirming for the first time that subway workers who complain of safety hazards in their own workplace are protected from any resulting retaliation. Hopefully this will encourage more subway workers to speak up about hazardous safety conditions at whatever locations they work.
Here is the full decision of Janathan Harte v. Metropolitan Transportation Authority et al. For more on the whistleblower rights of subway and railroad workers, go to the free Rail Whistleblower Library.