Here’s more confirmation that an injured railroad worker cannot be disciplined for following his treating doctor’s orders. Under the Federal Rail Safety Act, railroads are strictly prohibited from "denying, delaying, or interfering" with the medical treatment plan of a treating doctor. In a recent Award, OSHA found that PATH Rail violated the FRSA when
Another Judge Rejects Rail Management’s Bogus FRSA Defense
By Charlie Goetsch on
Railroads are losing their campaign to gut the Federal Rail Safety Act by claiming that the Railway Labor Act precludes rail workers from invoking FRSA protection. In a resounding well-reasoned decision, Administrative Law Judge Richard A. Morgan explains that Congress enacted the FRSA "to allow employees to attempt to vindicate their rights using multiple means"…
NJ Transit Rail Worker Wins Historic $570,000 FRSA Award
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The largest award under the Federal Rail Safety Act has just been handed down against New Jersey Transit Rail. OSHA’s Whistleblower Office found NJ Transit violated the FRSA by disciplining a worker in retaliation for his reporting an injury, and has ordered the payment of $570,000 in damages to make him whole. This Award is …
Stop Shooting the Rail Safety Messengers!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The truth is always refreshing, especially when it comes from an unexpected source. Veteran rail manager David L. Gunn was hired by the Washington Metropolitan Area Transit Authority’s (WMATA) Board of Directors to tell them how to improve safety on the DC subway system. His conclusion? “End the ‘shoot the messenger’ culture at all levels…
PATH Hit With FRSA Punitive Damages
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The first Federal Rail Safety Act complaint against the Port Authority Trans-Hudson railroad has resulted in an award of punitive damages. The fact pattern is familiar to any railroad worker.
Laura, a Signal Tester, was injured on duty due to defective equipment, and duly reported her injury. But instead of using the incident as…
Rail Labor Works Together To Strengthen FRSA
By Charlie Goetsch on
Posted in Federal Rail Safety Act
When rail labor works together, good things happen. Case in point: a critical meeting last September 15th with the Department of Labor regarding the true meaning of "election of remedies" under the Federal Rail Safety Act (FRSA) is now bearing fruit.
In early September, the DOL appeared headed toward accepting rail management’s argument that an…
FRSA Overturns Retaliation for Reporting an Injury
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s another example of what happens when a railroad tries to blame an injured worker instead of taking responsibility for the workplace culture that caused the injury in the first place. Declaring “An employer does not have the right to retaliate against its employees who report work-related injuries,” OSHA’s Whistleblower Office ordered two Illinois railroads…
FRA Requires Stronger Rail Cars
By Charlie Goetsch on
Starting in March, commuter rail cars must be built with stronger front-end frames to better protect passengers during collisions. click here This is good news, but underscores the importance of avoiding collisions in the first place. How? Rail workers are the eyes and ears of safety on the tracks. If they hestitate to raise…
A Look Back and Forward
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s a quick look back at some of this year’s notable developments in the rail safety world:
March: FRA bans railroad supervisors from medical examining rooms: click here
June: OSHA’s Whistleblower Office issues $300,000 in punitive damages against Metro North Railroad for violations of the Federal Rail Safety Act FRSA, setting important precedent: click here…
Groundbreaking Decision On FRSA Medical Interference
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
Railroad Medical Departments, beware, you can no longer interfere with an injured employee’s medical treatment. Subsection (c) of the Federal Rail Safety Act prohibits a railroad from denying, delaying, or interfering with the medical treatment of an injured employee. The FRSA also prohibits a railroad from disciplining an employee for following the orders or…