The FRSA is a “make whole remedy” statute, so the question arises: can OSHA force a recalcitrant railroad to train its managers so they comply with the statute going forward? The short answer is: yes, when the facts call for it. The long answer is found in Administrative Law Judge Timothy J. McGrath’s decision in Giuliano v. CSX Transportation, Inc.
Continue Reading Can OSHA Order the Training of Managers?
CSX Transportation retaliation
Spotlight on CSX Retaliation
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…
The Broad Scope of FRSA Adverse Action Reaffirmed
A federal judge has confirmed the principle that “adverse action” prohibited by the Federal Railroad Safety Act is any action that would dissuade a reasonable employee from engaging in FRSA protected activities (such as reporting injuries or safety hazards or following a treating doctor’s orders). It is not limited to the actual imposition of discipline,…
Two More Federal Court FRSA Decisions
Railroads are running out of defenses to the Federal Rail Safety Act. Their initial “election of remedies” gambit is dead and buried. Their second line of defense–charging employees who report injuries with “falsification and dishonesty”–has been obliterated by the “inextricably intertwined” principle upheld by judges and appellate courts. In desperation,…
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…