Charlie Goetsch

Subscribe to Charlie Goetsch's Posts
Contact:Read more about Charlie Goetsch

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…

Case law is beginning to clarify punitive damages under the Federal Rail Safety Act. Such damages are based on a railroad’s callous indifference toward the FRSA rights of its employees. Here is some conduct justifying the imposition of FRSA punitive damages:

  • discouraging employees from filing injury reports or raising safety concerns
  • targeting for closer

…

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 …

OSHA’s Whistleblower Office will never approve a Federal Rail Safety Act settlement that includes confidentiality. Why? Because the FRSA is supposed to remedy the chilling effects of retaliatory actions, not lock them in. And in the railroad grapevine, no retaliatory action goes unnoticed. When employees see a co-worker hammered after raising safety, injury, or fraud…

For those of you interested in the Federal Rail Administration’s Final Rule on the use of cell phones and other electronic devices, here it is.  The Rule is that railroad operating employees can "not use an electronic device if that use would interfere with the employee’s or another railroad operating employee’s performance of safety-related …