Need more proof that retaliation doesn’t pay? Check out this scenario. Workers raise safety concerns with their carrier and OSHA. Carrier files a defamation lawsuit against the workers. Workers file Whistleblower complaint with OSHA. OSHA investigation finds lawsuit was in retaliation for the workers’ protected activity, and PRESTO! the carrier has to pay $7.8
Federal Rail Safety Act
Railroads Beware! Refusal to Cooperate Risks Devastating Adverse Inference
Q: What is the quickest way for a railroad to end up with a punitive damages Order against it?
A: Refuse to cooperate with an OSHA Federal Railroad Safety Act investigation.
Some railroads have decided to play cute with OSHA by refusing to produce documents on the ground that the FRSA does not give OSHA…
Whistleblowers, Your Time Has Come!
Looks like the Federal Railroad Safety Act is just the beginning of a new wave of whistleblower protection statutes. The combination of a whistleblower friendly Obama Administration and the worst breakdown of financial regulation in decades is sure to result in a major expansion of whistleblower protection laws, and the legal press is taking notice.…
NJ Transit Learns the High Cost of Retaliation
Here’s stark confirmation that the cost of retaliation is punitive damages and broken management careers.
A jury in Newark, New Jersey, just found that the top manager in the NJ Transit Police Department, Chief Joseph Bober, retaliated against female officer Theresa Frizalone after she complained about discrimination. The jury awarded her $1.5 million in…
FRSA’s Sharp Teeth Starting To Bite Railroads
Talk about leveling the playing field. OSHA’s FRSA Whistleblowers have sent another powerful message to rail management: sorry guys, but the days of business as usual are officially over. Supervisors are no longer free to retaliate at will against employees who raise safety concerns.
It all started when a Union Pacific Railroad Company welder performing…
New Regulations For Railroad Security To Kick In
I feel safer already. The Department of Homeland Security, through its Transportation Security Administration (TSA), has finally gotten around to promulgating new regulations strengthening security on passenger and freight railroads. The new regulations were to go into effect December 26, 2008, but the railroads successfully petitioned for a delay until April 1, 2009. The…
New Head of FRA Raises Hopes
Sounds like Joe Szabo will be the next Head of the Federal Railroad Administration. If so, this is good news for rail labor and anyone concerned with promoting rail safety. Joe’s background is as a conductor for both freight and passenger railroads, and until recently he served as Illinois state legislative director for the UTU.