Here is a classic example of how the Federal Rail Safety Act is correcting rail management’s reflexive "blame the injured worker" mentality. The Railroad failed to provide the proper tool to do the task in question. So the worker used whatever was at hand to complete the task, just as many other workers had done
Federal Rail Safety Act
FRSA Also Protects Co-Workers
By Charlie Goetsch on
The act of filing a Federal Rail Safety Act complaint with OSHA is itself a protected activity that cannot in any way be used against the employee. But co-workers are protected as well. Any co-worker who talks to an OSHA Whistleblower investigator or who cooperates with the OSHA FRSA investigation gains protection going forward from…
Another Sign The FRSA Is Changing Railroad Culture
By Charlie Goetsch on
Refreshing words from FRA Administrator Joe Szabo here at the National Mediation Board’s Passenger Railroad Conference in Philadelphia. Joe complimented Amtrak President Boardman for disconnecting manager compensation from injury statistics. Joe noted that while this will result in an increase in reported injuries, it will provide the FRA with the type of accurate information necessary…
Blueprint For FRSA Punitive Damages
By Charlie Goetsch on
Case law is beginning to clarify punitive damages under the Federal Rail Safety Act. Such damages are based on a railroad’s callous indifference toward the FRSA rights of its employees. Here is some conduct justifying the imposition of FRSA punitive damages:
- discouraging employees from filing injury reports or raising safety concerns
- targeting for closer
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How The FRSA Overrides Valid Reasons For Discipline
Strange as it sounds, a railroad manager can have a valid reason for taking disciplinary action against an employee and still be in violation of the FRSA. How? Because the employee’s protected activity in reporting an injury,raising a safety concern, or following a treating doctor’s orders was a “contributing factor” to the action.
The FRSA …
Warning: FRSA Confidentiality Clauses Unethical
By Charlie Goetsch on
OSHA’s Whistleblower Office will never approve a Federal Rail Safety Act settlement that includes confidentiality. Why? Because the FRSA is supposed to remedy the chilling effects of retaliatory actions, not lock them in. And in the railroad grapevine, no retaliatory action goes unnoticed. When employees see a co-worker hammered after raising safety, injury, or fraud…
The Scope of FRSA Medical Treatment Prohibitions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Federal Rail Safety Act Section 20109(c)(1) prohibits railroads from "deny[ing], delay[ing] or interfer[ing] with the medical or first aid treatment of an employee who is injured during the course of employment." In the first case to interpret the meaning of (c)(1), OSHA took the position the scope of that prohibition goes beyond initial medical treatment.
Federal Rail Safety Act Is Not Precluded By Railway Labor Act
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Another Judge has ruled that the Railway Labor Act does not preclude Federal Rail Safety Act actions. To quote from the second post-trial ALJ FRSA decision to be handed down:
The reach of the RLA is limited to disputes involving the interpretation or application of existing labor agreements. It does not address allegations or
…
FRSA Alert! DOL Issues Major New FRSA Regulations
By Charlie Goetsch on
Posted in Federal Rail Safety Act
As of August 31, 2010, the Federal Rail Safety Act has its own set of regulations setting forth the requirements and procedures for every aspect of FRSA litigation, including the filing of complaints, OSHA investigations, appeals to ALJ de novo hearings, review by the ARB, and optional federal court jury trials. You can access the…
The Disastrous Result of Railroads’ Reflexive Appeal of FRSA Awards
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The first two stages of grief are denial and anger. And when it comes to the Federal Rail Safety Act, railroads still are deeply mired in denial and anger. As a result, any time OSHA’s Whistleblower Office hands down a FRSA award against a railroad, the railroad reacts with angry denial and automatically appeals…