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Category Archives: Railroad OSHA Whistleblower

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OSHA Orders $7.9 Million In Whistleblower Damages

Posted in Federal Rail Safety Act, Railroad OSHA Whistleblower, Railroad Safety
  Need more proof that retaliation doesn’t pay? Check out this scenario. Workers raise safety concerns with their carrier and OSHA. Carrier files a defamation lawsuit against the workers. Workers file Whistleblower complaint with OSHA. OSHA investigation finds lawsuit was in retaliation for the workers’ protected activity, and PRESTO! the carrier has to pay $7.8… Continue Reading

Railroads Beware! Refusal to Cooperate Risks Devastating Adverse Inference

Posted in Federal Rail Safety Act, Railroad OSHA Whistleblower
Q: What is the quickest way for a railroad to end up with a punitive damages Order against it? A: Refuse to cooperate with an OSHA Federal Railroad Safety Act investigation. Some railroads have decided to play cute with OSHA by refusing to produce documents on the ground that the FRSA does not give OSHA… Continue Reading

Whistleblowers, Your Time Has Come!

Posted in Federal Rail Safety Act, Railroad OSHA Whistleblower, Railroad Safety
Looks like the Federal Railroad Safety Act  is just the beginning of a new wave of whistleblower protection statutes. The combination of a whistleblower friendly Obama Administration and the worst breakdown of financial regulation in decades is sure to result in a major expansion of whistleblower protection laws, and the legal press is taking notice. In… Continue Reading

NJ Transit Learns the High Cost of Retaliation

Posted in Federal Rail Safety Act, Railroad OSHA Whistleblower
  Here’s stark confirmation that the cost of retaliation is punitive damages and broken management careers. A jury in Newark, New Jersey, just found that the top manager in the NJ Transit Police Department, Chief Joseph Bober, retaliated against female officer Theresa Frizalone after she complained about discrimination. The jury awarded her $1.5 million in… Continue Reading

FRSA’s Sharp Teeth Starting To Bite Railroads

Posted in Federal Rail Safety Act, Rail Labor, Railroad OSHA Whistleblower, Railroad Safety
Talk about leveling the playing field. OSHA’s FRSA Whistleblowers have sent another powerful message to rail management: sorry guys, but the days of business as usual are officially over. Supervisors are no longer free to retaliate at will against employees who raise safety concerns. It all started when a Union Pacific Railroad Company welder performing… Continue Reading

FRA Gives CSX Last Chance to Stop Intimidation and Retaliation

Posted in FELA Injuries, Railroad Injuries, Railroad OSHA Whistleblower
 Some people just don’t get it. CSX Transportation managers definitely fall into that group. In a lengthy Investigative Report released in March of 2008, the Federal Railroad Administration put CSX on notice that its management culture of harassment and intimidation intended to dissuade employees from reporting injuries had to stop. In response, CSXT made numerous… Continue Reading

The Real Meaning of Election of Remedies Under the FRSA

Posted in Rail Labor, Railroad OSHA Whistleblower, Railroad Safety
  The coalition of unions on Metro-North Railroad, the Metro-North Labor Council, recently met with the top administrators and whistleblower investigators from OSHA’s Regions 1 and Region 2. Every craft on the Railroad was represented by at least one rail labor official. The spokesman for OSHA was Region 2 Supervisory Investigator Michael Mabee. It was… Continue Reading

New FRSA Amendment Protecting Medical Treatment Alters the Balance of Power

Posted in Railroad OSHA Whistleblower, Railroad Safety
 The FRSA (Federal Railroad Safety Act, 49 USC 20109) just keeps getting better and better. The FRSA is now amended to provide that: A railroad may not deny, delay, or interfere with the medical treatment of an employee who is injured during the course of employment. In particular, a railroad may not discipline or threaten… Continue Reading

The Inside Story on the FRSA’s First Punitive Damages Order

Posted in Railroad OSHA Whistleblower, Railroad Safety
Last month, the first reported Order imposing punitive damages against a railroad for violating the FRSA anti-retaliation law came to light. It concerned retaliatory conduct by Amtrak in Seattle, but the OSHA Whistleblower Office Press Release announcing the Order provided few details about what actually happened. Well, my curiosity was piqued. I managed to get… Continue Reading

Railroad Workers Gain New Protection Against Retaliation For Injuries

Posted in Railroad Accidents, Railroad Injuries, Railroad OSHA Whistleblower
As the saying goes, knowledge is power. Here’s an amazing new law that every rail worker should know about. The Federal Railroad Safety Act (FRSA), 29 U.S.C. Section 20109, hands employees a shield and a sword to fight back against rail managers who heretofore have retaliated against workers with impunity. The FRSA prohibits retaliation whenever… Continue Reading