Once again, the federal government is telling Metro North that its “discipline trumps safety” culture must change. OSHA’s Whistleblower Directorate has found Metro North violated subsection c(2) of the Federal Rail Safety Act in seven cases. In each case, the employee followed his doctor’s order to stay home because he could not safely perform his
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A Road Map For FRSA Attorney Fee Awards
The second Federal Rail Safety Act jury trial in the nation has precipitated a primer on the award of FRSA attorney fees. In Brig and Buchala v. PATH, the jury found the Railroad violated the FRSA when it retaliated against two workers who complained when an unscheduled train nearly struck them. Here are excerpts…
The Long And The Short Of FRSA OSHA Complaints
There now are two formats for filing a Federal Rail Safety Act whistleblower retaliation complaint with OSHA: short form and long form.
On Line Short Form
OSHA recently gave workers the option to file a whistleblower complaint on line, using the form available at OSHA’s web site. This may be a good option for a worker…
FRSA Miscellany
Here’s a Miscellany of Federal Rail Safety Act items, ranging from the United States Supreme Court to how to file in federal district court to how to award attorney fees.
United States Supreme Court Cites Section 20109
Protecting whistleblowers has deep bipartisan support in Congress, and the United States Supreme Court also goes out of…