The Source for Railroad Injuries & Whistleblower Protection
In a case of first impression, a federal judge has applied FRSA subsection (c)(2)’s exception to the prohibition against railroads disciplining employees for following the orders of a treating physician. Stapleton v. Union Pac. R.R. Co.
The exception to (c)(2) is:
a railroad carrier’s refusal to permit an employee to return to work following medical
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It is especially important for rail workers in safety sensitive positions to know how to book off when their medical condition renders them unsafe. To quote the Chairman of the NTSB: “The public deserves alert operators. That’s not too much to ask.” Yes, but how can a rail worker protect a safety absence from…
Federal Rail Safety Act Section 20109(a)(4) protects rail workers who notify their railroad of “a work-related personal injury or work-related illness.” Injuries usually are pretty obvious. But what qualifies as “a work related illness”? The federal court in Williams v. Ill. Cent. R.R. holds that any illness arising during the course of employment is included,…
How bad is it on New Jersey Transit Rail?
So bad, the NJT Chief Compliance Officer (my client Todd Barretta) had to file a Federal Rail Safety Act whistleblower retaliation complaint after he was terminated for insisting the Railroad comply with FRA safety regulations. Here is the Bloomberg article.
So bad, NJT Rail employees…
The steady stream of FRSA Section 20109 whistleblower decisions continues apace. Here are some recent notable decisions to keep in mind.
Railroad Bad Faith Conduct
The decision by U.S. District Judge Susan Richard Nelson in Johnston v. BNSF Railway Company is remarkable in several respects. Judge Nelson granted the employee’s Motion for Reconsideration and reversed…
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a limitations period commences when the plaintiff has a “complete
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