Train Law Blog

Train Law Blog

The Source for Railroad Injuries & Whistleblower Protection

Tag Archives: Metro North Railroad injury

Some Recent FRSA Developments

Posted in Federal Rail Safety Act
What is Adverse Action? The question arises, in order to qualify as an “adverse action” under the Federal Rail Safety Act, does a railroad’s investigation into an employee’s actions have to result in actual discipline? What if the charge is eventually dropped? No harm no foul? A recent district court decision clarifies the matter: The… Continue Reading

Second Circuit Sidesteps Subsection (c)(1) Issues

Posted in Federal Rail Safety Act
Federal Rail Safety Act subsection (c)(1) prohibits railroads from denying, delaying, or interfering with the medical treatment of employees “injured during the course of employment.” In a fact driven decision, the Second Circuit Court of Appeals sidesteps deciding the temporal scope of that protection (just first aid or entire course of treatment?) and its interpretative… Continue Reading

Article Confirms Railroad Culture of Retaliation

Posted in Federal Rail Safety Act
Although it comes as no surprise to railroad employees, an investigative article exposes for the rest of the country how railroads continue to retaliate against workers who report safety hazards or injuries. The article is entitled: For Big Railroads, a Carload of Whistleblower Complaints and is published by FairWarning Reports. The article notes that from… Continue Reading

Railroads Cannot Interfere With Injured Worker Medical Treatment

Posted in Federal Rail Safety Act
In the landmark decision of Santiago v. Metro North Railroad, the Administrative Review Board held that Federal Rail Safety Act “Section 20109(c)(1) bars a railroad from denying, delaying, or interfering with an employee’s medical treatment throughout the period of treatment and recovery from a work injury.” The Administrative Review Board also held that a prima… Continue Reading

The Price Railroads Pay For Ignoring the FRSA

Posted in Federal Rail Safety Act
Well over a year before its string of death and derailment, Metro North was subjected to the first Federal Rail Safety Act whistleblower jury trial in the nation, Barati v Metro North. During that trial, cross examination of the Heads of Metro North’s Safety, Training, and Track Departments exposed the disconnect between the Railroad’s window dressing… Continue Reading

Metro North Hit With Seven FRSA c(2) Violations

Posted in Federal Rail Safety Act, Railroad Injuries
Once again, the federal government is telling Metro North that its “discipline trumps safety” culture must change. OSHA’s Whistleblower Directorate has found Metro North violated subsection c(2) of the Federal Rail Safety Act in seven cases. In each case, the employee followed his doctor’s order to stay home because he could not safely perform his… Continue Reading

FRSA Prohibits Railroad Interference With Medical Treatment

Posted in Federal Rail Safety Act
Thanks to the Federal Rail Safety Act, railroads can no longer interfere with the medical treatment of injured employees. That fact is being reinforced with punitive damage awards against railroads who ignore this new reality. In the landmark decision of Santiago v. Metro North Railroad, the Administrative Review Board held that FRSA "Section 20109(c)(1) bars… Continue Reading