Once again, the federal government is telling Metro North that its “discipline trumps safety” culture must change. OSHA’s Whistleblower Directorate has found Metro North violated subsection c(2) of the Federal Rail Safety Act in seven cases. In each case, the employee followed his doctor’s order to stay home because he could not safely perform his
Railroad Injuries
Metro North Railroad Train Collision
By Charlie Goetsch on
Posted in Railroad Injuries
The ultimate rail safety lessons from the Metro North Railroad train derailment are yet to be learned. As the investigation continues, our foremost concern is for the injured Metro North passengers and Metro North crew members. But one thing is clear: this train collision reminds all of us that the operation of our nation’s railroads…
OSHA and FRA Join Forces To Defeat Railroad Retaliation
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
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…
Metro North Hit With Highest FRSA Punitive Damages Yet
Once again, OSHA has slammed Metro North Railroad with punitive damages for disregarding the Federal Rail Safety Act rights of its employees. This time it is for using prior injuries to deny promotions, and the resulting punitive damage award is $125,000.
Like many railroads, Metro North has a policy and practice of considering an employee’s…
BNSF Railway Hit With FRSA Punitive Damages
Here is a classic example of how the Federal Rail Safety Act is correcting rail management’s reflexive "blame the injured worker" mentality. The Railroad failed to provide the proper tool to do the task in question. So the worker used whatever was at hand to complete the task, just as many other workers had done…
Another Sign The FRSA Is Changing Railroad Culture
By Charlie Goetsch on
Refreshing words from FRA Administrator Joe Szabo here at the National Mediation Board’s Passenger Railroad Conference in Philadelphia. Joe complimented Amtrak President Boardman for disconnecting manager compensation from injury statistics. Joe noted that while this will result in an increase in reported injuries, it will provide the FRA with the type of accurate information necessary…
How The FRSA Overrides Valid Reasons For Discipline
Strange as it sounds, a railroad manager can have a valid reason for taking disciplinary action against an employee and still be in violation of the FRSA. How? Because the employee’s protected activity in reporting an injury,raising a safety concern, or following a treating doctor’s orders was a “contributing factor” to the action.
The FRSA …
Railroad Passenger Safety: No Margin for Error
By Charlie Goetsch on
Posted in Railroad Injuries
Every railroad will tell you its goal is "to provide safe trains that arrive on time." But when safety falls short of the slogan, often it is passengers who pay the price. The latest example comes from New Jersey Transit, where a passenger was dragged to death when train doors malfunctioned. But the law…
FRA Requires Stronger Rail Cars
By Charlie Goetsch on
Starting in March, commuter rail cars must be built with stronger front-end frames to better protect passengers during collisions. click here This is good news, but underscores the importance of avoiding collisions in the first place. How? Rail workers are the eyes and ears of safety on the tracks. If they hestitate to raise…
Groundbreaking Decision On FRSA Medical Interference
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
Railroad Medical Departments, beware, you can no longer interfere with an injured employee’s medical treatment. Subsection (c) of the Federal Rail Safety Act prohibits a railroad from denying, delaying, or interfering with the medical treatment of an injured employee. The FRSA also prohibits a railroad from disciplining an employee for following the orders or…