The old English Common Law had a phrase for the argument: “de minimis non curat lex” (“the law does not concern itself with trifles”). But unfortunately for American railroads, the U.S. Department of Labor’s Administrative Review Board has emphatically rejected the application of that argument to violations of the Federal Rail Safety Act

It’s a common scenario: employee reports injury; railroad conducts investigation of the injury; railroad declares the employee’s statements about the injury somehow to be “inconsistent” or “misleading” or “false” and fires him for dishonesty. Two recent decisions explain why that is a violation of the Federal Rail Safety Act.

In Henderson v. Wheeling &

It’s official: injured railroad workers who seek medical attention now have a triple layer of protection against retaliatory discrimination. A U.S. District Court has joined OSHA and the Administrative Review Board in ruling that a railroad’s denial, delay, or interference with the medical treatment of an injured employee is a form of “discrimination” prohibited by

In a decision that will send shock waves reverberating throughout the railroad industry, railroad medical departments now are prohibited from doing anything that directly or indirectly interferes with the treatment prescribed by an injured worker’s treating doctor for the entire period of medical treatment, not just immediately after an injury. Once again, thanks to