Charlie Goetsch
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Amtrak’s Office of Inspector General (OIG) is supposed to investigate and remedy retaliation against employees who blow the whistle on contractor fraud or safety hazards. But in a ruling that raises serious questions about Amtrak’s commitment to whistle blower protection, OSHA has found Amtrak terminated one of its own OIG Supervisors for raising concerns about
ARB Reaffirms (c)(2) Protects Non Work Related Medical Conditions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a major decision with national implications, the Administrative Review Board confirms that Federal Rail Safety Act subsection (c)(2) does indeed protect treatments for non-work related medical conditions. Williams v. Grand Trunk Western Railroad. In so doing, the ARB explicitly rejects the 3rd Circuit’s holding in Bala v. PATH, which imposed a work
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New Guidelines on FRSA Settlement Agreements
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Recognizing it’s hard to blow the whistle once you’ve been gagged, OSHA has issued new guidelines prohibiting the use of gag and confidentiality clauses in settlement agreements. See Policy Guidelines for Approving Settlement Agreements in Whistleblower Cases.
OSHA reviews settlement agreements between whistleblowers and their employers “to ensure they are fair, adequate, reasonable, and in
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ARB Clarifies FRSA Punitive Damages Standard
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The Administrative Review Board has handed down an important punitive damages decision that also shows how to eliminate a railroad’s affirmative defense. In Jason Raye v. Pan Am Railways, Inc., the Railroad charged the employee with making false statements in a Federal Rail Safety Act complaint filed with OSHA. Although Raye was never
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Landmark NTSSA Subway Whistleblower Decision
By Charlie Goetsch on
Posted in Subway Whistleblower
Most subway and bus workers probably don’t know it, but there is a federal law that protects them from any retaliation for reporting safety hazards in their workplace. It’s called the National Transit Systems Security Act, or NTSSA, and is a twin brother to the better known Federal Rail Safety Act whistleblower law protecting
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ARB Clarifies FRSA Burdens of Proof
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a major en banc decision, the Administrative Review Board clarifies the burdens of proof applicable to ALJ whistleblower trials and explains how to apply that standard. Palmer v. Canadian National Railway. This is a must read decision for anyone interested in Federal Rail Safety Act whistleblower matters, but here are some of the
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Landmark Seaman’s Protection Act Retaliation Award
By Charlie Goetsch on
Posted in Seaman's Protection Act
Under the Seaman’s Protection Act (SPA), merchant marine seamen enjoy the same protection against retaliation that railroad workers enjoy under the Federal Rail Safety Act. But due to the shipping industry’s pervasive culture of retaliation against seamen who report safety hazards to outside enforcement agencies, hardly any SPA cases have been brought. Now comes
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More On FRSA Punitive Damages
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Another Circuit Court has clarified the standard for awarding punitive damages to rail whistleblowers, this time in the context of jury instructions.
After Springfield Terminal Railway Company fired Jason Worcester for raising safety concerns, he filed a Federal Rail Safety Act whistleblower complaint in federal court. The district judge instructed the jury that:
you can
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FRSA Statute of Limitations Clarified
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a case of first impression, a federal court holds the only statue of limitation that applies to Federal Rail Safety Act whistleblower cases is the 180 day window following an adverse action, and that no other statute of limitation applies to the filing of a de novo complaint in federal court.
In Gary Despain…
Spotlight on CSX Retaliation
By Charlie Goetsch on
Posted in Federal Rail Safety Act
You can tell a lot about a workplace culture by how managers react to employee safety complaints. Enlightened managers welcome safety complaints, benighted managers suppress them. Enlightened managers view such complaints as a valuable opportunity for improvement, and underscore the first importance of safety by publicly thanking those employees. Benighted managers view such complaints as…