The long wait is over. The Administrative Review Board has officially laid the railroad’s bogus “election of remedies” defense to rest. In Mercier v. Union Pacific Railroad Co., the ARB has declared once and for all that rail workers are entitled to simultaneously pursue their rights under the Federal Rail Safety Act while also
Federal Rail Safety Act
New OSHA Whistleblower Manual Issued
By Charlie Goetsch on
Posted in Federal Rail Safety Act
OSHA’s Whistleblower Office has issued a revised and updated Whistleblower Investigations Manual that applies to complaints under the Federal Rail Safety Act. The Manual explains the process from start to finish, and workers and attorneys will find it useful to orient themselves as to the steps involved in FRSA complaints.
Two points of…
When Rail Workers Can Recover For Outrageous Conduct
By Charlie Goetsch on
A leading U.S. Circuit Court of Appeals has clarified when rail workers can recover damages for outrageous conduct by their employer railroad. Building on two cases that I handled (Metro North Railroad v. Buckley in the U.S. Supreme Court and Higgins v. Metro North Railroad in the Second Circuit), the Second Circuit Court of…
Major Decisions Mandate Full Award Of FRSA Attorney Fees
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Fighting Federal Rail Safety Act claims just got a lot more expensive for railroads. Two recent appellate court decisions confirm that—no matter how small a worker’s FRSA economic damages may be–the railroad has to pay the FULL amount of the worker’s attorneys fees and costs. The appellate decisions apply to FRSA cases in the administrative…
FRSA Bars Discipline For “Late” Injury Reporting
By Charlie Goetsch on
Posted in Federal Rail Safety Act
It’s one of the hoariest acts in the railroad repertoire of retaliation: first, invent rules setting an arbitrary deadline for the reporting of injuries, and then use the threat of discipline under those rules to discourage the reporting of injuries. Classic examples of absurd reporting rules are Metro North Railroad’s “all injuries must be…
Flurry Of FRSA Awards A Glimpse Of The Future
By Charlie Goetsch on
Posted in Federal Rail Safety Act
There has been a flurry of Federal Rail Safety Act decisions in the past few weeks, all positive for workers, and all demonstrating a trend toward higher punitive damage awards.
Pfeifer v. Union Pacific Railroad concerns retaliation against a conductor who reported safety hazards. After he reported rough spots on the railroad track, he was…
Another Nail in the FRSA “Election of Remedies” Coffin
By Charlie Goetsch on
While we await the Administrative Review Board’s official burial notice for the railroads’ bogus “election of remedies” argument, here is another nail in the coffin of that dead Federal Rail Safety Act defense: Thompson v. Norfolk Southern Railway Corp., where yet another Administrative Law Judge explains why “the FRSA does not prevent an individual…
Norfolk Southern Railway’s Gold Medal Turns to Tin
By Charlie Goetsch on
As Yogi Berra would say, “It’s starting to get late early out there” for the Norfolk Southern Railway. OSHA has blown the whistle on NS’s campaign of retaliation against injured workers, and the Federal Rail Safety Act awards and punitive damages just keep piling up.
In the latest, Nelson v. Norfolk Southern Railway, OSHA’s…
Metro North Hit With Highest FRSA Punitive Damages Yet
Once again, OSHA has slammed Metro North Railroad with punitive damages for disregarding the Federal Rail Safety Act rights of its employees. This time it is for using prior injuries to deny promotions, and the resulting punitive damage award is $125,000.
Like many railroads, Metro North has a policy and practice of considering an employee’s…
OSHA Looks To Improve Its Whistleblower Protection Program
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The good people who investigate Federal Rail Safety Act complaints are part of OSHA’s Whistleblower Protection Program (OWPP). For those of you interested in the internal workings of OWPP, click here for the official Report on OSHA’s plans for improving its performance, including the hiring of more investigators and increasing training. For the official web…