The Federal Rail Safety Act (FRSA) is a new statute with many novel questions, not the least of which is: what should the Retainer Agreement provide? Unlike FELA personal injury claims where pure contingency fee agreements are well-established, the FRSA is a different animal, with a statutory fee-shifting provision and a wide spectrum of potential
Charlie Goetsch
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DOL Agrees RLA Does Not Preclude FRSA
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The bogus "election of remedies" defense to Federal Rail Safety Act claims raised by railroads just took a major hit. Yesterday the Department of Labor filed an appellate Brief confirming that a railroad worker who pursues a grievance or arbitration under the Railway Labor Act is not thereby precluded from simultaneously pursuing a FRSA whistleblower protection claim. Noting that "retaliation and…
FRSA Prohibits Discipline For Following Treating Doctor’s Orders
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s more confirmation that an injured railroad worker cannot be disciplined for following his treating doctor’s orders. Under the Federal Rail Safety Act, railroads are strictly prohibited from "denying, delaying, or interfering" with the medical treatment plan of a treating doctor. In a recent Award, OSHA found that PATH Rail violated the FRSA when…
Another Judge Rejects Rail Management’s Bogus FRSA Defense
By Charlie Goetsch on
Railroads are losing their campaign to gut the Federal Rail Safety Act by claiming that the Railway Labor Act precludes rail workers from invoking FRSA protection. In a resounding well-reasoned decision, Administrative Law Judge Richard A. Morgan explains that Congress enacted the FRSA "to allow employees to attempt to vindicate their rights using multiple means"…
$1.1 Million FELA Settlement Vindicates Burned Metro North Worker
By Charlie Goetsch on
Posted in Federal Employers Liability Act
Teddy Roosevelt would be proud. 102 years after he signed the original rail safety statute into law, the Federal Employers Liability Act is still doing its job: exposing the unsafe practices of railroads and holding railroads accountable for the employee injuries that result.
The sad truth is, rail managers habitually ignore their own responsibility for…
NJ Transit Rail Worker Wins Historic $570,000 FRSA Award
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The largest award under the Federal Rail Safety Act has just been handed down against New Jersey Transit Rail. OSHA’s Whistleblower Office found NJ Transit violated the FRSA by disciplining a worker in retaliation for his reporting an injury, and has ordered the payment of $570,000 in damages to make him whole. This Award is …
Stop Shooting the Rail Safety Messengers!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The truth is always refreshing, especially when it comes from an unexpected source. Veteran rail manager David L. Gunn was hired by the Washington Metropolitan Area Transit Authority’s (WMATA) Board of Directors to tell them how to improve safety on the DC subway system. His conclusion? “End the ‘shoot the messenger’ culture at all levels…
PATH Hit With FRSA Punitive Damages
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The first Federal Rail Safety Act complaint against the Port Authority Trans-Hudson railroad has resulted in an award of punitive damages. The fact pattern is familiar to any railroad worker.
Laura, a Signal Tester, was injured on duty due to defective equipment, and duly reported her injury. But instead of using the incident as…
Rail Labor Works Together To Strengthen FRSA
By Charlie Goetsch on
Posted in Federal Rail Safety Act
When rail labor works together, good things happen. Case in point: a critical meeting last September 15th with the Department of Labor regarding the true meaning of "election of remedies" under the Federal Rail Safety Act (FRSA) is now bearing fruit.
In early September, the DOL appeared headed toward accepting rail management’s argument that an…
FRSA Overturns Retaliation for Reporting an Injury
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s another example of what happens when a railroad tries to blame an injured worker instead of taking responsibility for the workplace culture that caused the injury in the first place. Declaring “An employer does not have the right to retaliate against its employees who report work-related injuries,” OSHA’s Whistleblower Office ordered two Illinois railroads…