In a watershed moment for rail safety, the Federal Rail Administration and OSHA’s Office of Whistleblower Protection are joining forces to eliminate retaliation against employees who report injuries and safety concerns. OSHA and the FRA have signed an historic Memorandum of Agreement specifying how they will be cooperating to enforce the whistleblower protection provision of

Norfolk Southern Railway is learning the hard way that retaliation doesn’t pay. Despite earlier warnings, it has continued its abusive course of conduct toward employees who report injuries. And so today OSHA issued a Press Release confirming record breaking punitive damage awards in three Federal Rail Safety Act cases: $200,000 + $175,000 + $150,000

The arrogance of rail management never ceases to amaze. The latest example comes from the BNSF, whose General Counsel had the gall to tell OSHA’s Office of Whistleblower Protection that it “must disclose the names of the employee witnesses” OSHA intends to interview so the BNSF can “offer its representation” to those workers and be

Important developments in the Federal Rail Safety Act just keep coming. Here are a couple.

OSHA has issued another punitive damages award against Metro North Railroad, this time for harassing an injured employee by interfering with his medical treatment and recovery. The Finding in Cortese v. Metro North Railroad is especially notable because it recognizes

In a major decision clarifying the scope of the Federal Rail Safety Act, OSHA confirms that a railroad’s denial, delay, or interference with an injured employee’s medical treatment constitutes adverse action recoverable under FRSA Section (a)(4). Section (a)(4) protects employees from adverse action due to the reporting of a work-related injury, and OSHA now

In an encouraging sign to whistleblowers, the Department of Labor has elevated the status of its Office of the Whistleblower Protection Program (OWPP) so it now reports directly to the Head of OSHA, Assistant Secretary Dr. David Michaels. This puts whistleblower protection on an equal footing with OSHA’s health and safety enforcement, and increases the