The Source for Railroad Injuries & Whistleblower Protection
Every railroad has them. Vague safety rules that are triggered only when a worker reports an injury. In a blistering Decision, a veteran Administrative Law Judge spells out why the use of such rules mandate the award of Federal Rail Safety Act punitive damages.
Union Pacific employee Brian Petersen was leaning against his car in…
The message of the Federal Rail Safety Act is clear: "safety trumps discipline." And until railroads fully embrace that new reality, the number of FRSA complaints will continue at a record pace.
Williams v. Grand Trunk Western Railroad is the latest confirmation of this new reality. In addition to elucidating the employee friendly standards governing…
When airline pilots feel medically unfit to fly, they have a right to stand down and seek medical attention without any adverse consequences. Thanks to the Federal Rail Safety Act, locomotive engineers (and all other railroad workers) now enjoy the same right to protect themselves, their co-workers, and the public.
When Locomotive Engineer Lonnie Smith…
Yet another federal district court judge has rejected rail management’s election of remedies defense to Federal Rail Safety Act whistleblower retaliation complaints. You can add Ratledge v. Norfolk Southern Railway Company to the growing list of federal court decisions dope slapping the railroads who raise such a hapless argument: see Solis, Reed, and…
Thanks to the Federal Rail Safety Act, railroads can no longer interfere with the medical treatment of injured employees. That fact is being reinforced with punitive damage awards against railroads who ignore this new reality.
In the landmark decision of Santiago v. Metro North Railroad, the Administrative Review Board held that FRSA "Section…
Another federal district court judge has rejected rail management’s bogus "election of remedies" defense to Federal Rail Safety Act whistleblower retaliation complaints.
Reed v. Norfolk Southern Railway Company concerned a trackman who was fired after reporting an injury. While the Brotherhood of Maintenance of Way Employees union was representing him for that disciplinary action, Reed also filed a complaint…
A new web page for all things concerning the rights of railroad whistleblowers is now available on line. Go to "Rail Whistleblower Resources" for everything you need to know about the Federal Rail Safety Act. In addition to a "Summary of Rail Whistleblower Protection" and "Special FRSA Legal Standards," you will find the leading FRSA…
"If you see something, say something, except if you work for the railroad . . . " That was the theme of the nation’s second FRSA jury trial, resulting in a $1.5 million verdict for two workers who were disciplined after reporting a safety hazard. This was a FRSA only claim, and combined, the two…
The federal courts and Administrative Review Board now are moving in lock step regarding the employee friendly legal standards applicable to FRSA complaints. Building on the landmark Araujo v. New Jersey Transit Rail 708 F.3d 152 (3rd Cir. 2013) federal circuit court decision, the ARB in Hutton v. Union Pacific Railroad Company confirms that the FRSA’s…
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…