The opportunities for railroad supervisors to harass injured workers just keeps getting smaller and smaller. The Federal Railroad Administration has now put a stop to the practice of railroad supervisors accompanying injured employees into medical exam rooms. The FRA issued a Notice of Interpretation declaring it to be a violation of federal regulations for a
Federal Railroad Safety Act
OSHA Orders $7.9 Million In Whistleblower Damages
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…
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.…
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…
The Real Meaning of Election of Remedies Under the FRSA
The coalition of unions on Metro-North Railroad, the Metro-North Labor Council, recently met with the top administrators and whistleblower investigators from OSHA’s Regions 1 and Region 2. Every craft on the Railroad was represented by at least one rail labor official. The spokesman for OSHA was Region 2 Supervisory Investigator Michael Mabee. It was…