The FRSA is a “make whole remedy” statute, so the question arises: can OSHA force a recalcitrant railroad to train its managers so they comply with the statute going forward? The short answer is: yes, when the facts call for it. The long answer is found in Administrative Law Judge Timothy J. McGrath’s decision in Giuliano v. CSX Transportation, Inc.
Continue Reading Can OSHA Order the Training of Managers?
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What Is a Work-Related Illness?
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Federal Rail Safety Act Section 20109(a)(4) protects rail workers who notify their railroad of “a work-related personal injury or work-related illness.” Injuries usually are pretty obvious. But what qualifies as “a work related illness”? The federal court in Williams v. Ill. Cent. R.R. holds that any illness arising during the course of employment is included,…
Update on Notable FRSA Cases
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The steady stream of FRSA Section 20109 whistleblower decisions continues apace. Here are some recent notable decisions to keep in mind.
Railroad Bad Faith Conduct
The decision by U.S. District Judge Susan Richard Nelson in Johnston v. BNSF Railway Company is remarkable in several respects. Judge Nelson granted the employee’s Motion for Reconsideration and reversed…
What Is A Hazardous Safety Condition?
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Rail workers who report a “hazardous safety condition” are protected from retaliation by FRSA subsection (b)(1)(A). There are not many cases discussing the scope of that protection, but a recent federal district court decision brings it into sharper focus. Head v. Norfolk Southern Railway Company.
The 3rd Circuit was the first court to comment
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When the FRSA’s 180 Day Filing Window Opens (and Closes)
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Filing a Federal Rail Safety Act whistleblower retaliation complaint with OSHA within 180 days of a railroad’s adverse action is a threshold issue that can derail the best of cases. So when does that 180 day window open?
The United States Supreme Court tells us:
a limitations period commences when the plaintiff has a “complete
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ARB Clarifies FRSA Punitive Damages Standard
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The Administrative Review Board has handed down an important punitive damages decision that also shows how to eliminate a railroad’s affirmative defense. In Jason Raye v. Pan Am Railways, Inc., the Railroad charged the employee with making false statements in a Federal Rail Safety Act complaint filed with OSHA. Although Raye was never
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More On FRSA Punitive Damages
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Another Circuit Court has clarified the standard for awarding punitive damages to rail whistleblowers, this time in the context of jury instructions.
After Springfield Terminal Railway Company fired Jason Worcester for raising safety concerns, he filed a Federal Rail Safety Act whistleblower complaint in federal court. The district judge instructed the jury that:
you can
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FRSA Statute of Limitations Clarified
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a case of first impression, a federal court holds the only statue of limitation that applies to Federal Rail Safety Act whistleblower cases is the 180 day window following an adverse action, and that no other statute of limitation applies to the filing of a de novo complaint in federal court.
In Gary Despain…
Spotlight on CSX Retaliation
By Charlie Goetsch on
Posted in Federal Rail Safety Act
You can tell a lot about a workplace culture by how managers react to employee safety complaints. Enlightened managers welcome safety complaints, benighted managers suppress them. Enlightened managers view such complaints as a valuable opportunity for improvement, and underscore the first importance of safety by publicly thanking those employees. Benighted managers view such complaints as…
Bad Faith Refusal to Allow Employee to Return to Work
By Charlie Goetsch on
Posted in Federal Rail Safety Act
A recent district court case vindicates OSHA’s position that a railroad’s bad faith refusal to allow an employee to return to work is an adverse action violating Federal Rail Safety Act Section 20109.
This is from OSHA’s Summary explaining its Final Rules for FRSA cases:
OSHA believes that the safe-harbor in subsection (c)(2) requires
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