Federal Rail Safety Act

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In a decision that will send shock waves reverberating throughout the railroad industry, railroad medical departments now are prohibited from doing anything that directly or indirectly interferes with the treatment prescribed by an injured worker’s treating doctor for the entire period of medical treatment, not just immediately after an injury. Once again, thanks to…

In a watershed moment for rail safety, the Federal Rail Administration and OSHA’s Office of Whistleblower Protection are joining forces to eliminate retaliation against employees who report injuries and safety concerns. OSHA and the FRA have signed an historic Memorandum of Agreement specifying how they will be cooperating to enforce the whistleblower protection provision of…

Norfolk Southern Railway is learning the hard way that retaliation doesn’t pay. Despite earlier warnings, it has continued its abusive course of conduct toward employees who report injuries. And so today OSHA issued a Press Release confirming record breaking punitive damage awards in three Federal Rail Safety Act cases: $200,000 + $175,000 + $150,000…

The arrogance of rail management never ceases to amaze. The latest example comes from the BNSF, whose General Counsel had the gall to tell OSHA’s Office of Whistleblower Protection that it “must disclose the names of the employee witnesses” OSHA intends to interview so the BNSF can “offer its representation” to those workers and be…

The case of my client Chris Bala established that the FRSA protects ALL railroad workers (not just employees with an on-the-job injury) from attendance discipline when they follow the orders of a treating doctor not to work  Why? Because safety trumps discipline. No one wants medically impaired railroad employees reporting to work against their doctor’s…