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
OSHA Whistleblower
New OSHA Whistleblower Manual Issued
By Charlie Goetsch on
Posted in Federal Rail Safety Act
OSHA’s Whistleblower Office has issued a revised and updated Whistleblower Investigations Manual that applies to complaints under the Federal Rail Safety Act. The Manual explains the process from start to finish, and workers and attorneys will find it useful to orient themselves as to the steps involved in FRSA complaints.
Two points of…
OSHA Looks To Improve Its Whistleblower Protection Program
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The good people who investigate Federal Rail Safety Act complaints are part of OSHA’s Whistleblower Protection Program (OWPP). For those of you interested in the internal workings of OWPP, click here for the official Report on OSHA’s plans for improving its performance, including the hiring of more investigators and increasing training. For the official web…
OSHA Orders $7.9 Million In Whistleblower Damages
By Charlie Goetsch on
Need more proof that retaliation doesn’t pay? Check out this scenario. Workers raise safety concerns with their carrier and OSHA. Carrier files a defamation lawsuit against the workers. Workers file Whistleblower complaint with OSHA. OSHA investigation finds lawsuit was in retaliation for the workers’ protected activity, and PRESTO! the carrier has to pay $7.8…
Railroads Beware! Refusal to Cooperate Risks Devastating Adverse Inference
By Charlie Goetsch on
Q: What is the quickest way for a railroad to end up with a punitive damages Order against it?
A: Refuse to cooperate with an OSHA Federal Railroad Safety Act investigation.
Some railroads have decided to play cute with OSHA by refusing to produce documents on the ground that the FRSA does not give OSHA…
Whistleblowers, Your Time Has Come!
By Charlie Goetsch on
Looks like the Federal Railroad Safety Act is just the beginning of a new wave of whistleblower protection statutes. The combination of a whistleblower friendly Obama Administration and the worst breakdown of financial regulation in decades is sure to result in a major expansion of whistleblower protection laws, and the legal press is taking notice.…