The second Federal Rail Safety Act jury trial in the nation has precipitated a primer on the award of FRSA attorney fees. In Brig and Buchala v. PATH, the jury found the Railroad violated the FRSA when it retaliated against two workers who complained when an unscheduled train nearly struck them. Here are excerpts
PATH Rail
Another Stunning FRSA Jury Verdict
By Charlie Goetsch on
Posted in Federal Rail Safety Act
"If you see something, say something, except if you work for the railroad . . . " That was the theme of the nation’s second FRSA jury trial, resulting in a $1.5 million verdict for two workers who were disciplined after reporting a safety hazard. This was a FRSA only claim, and combined, the two…
ARB Rules The Mere Filing Of A Charging Letter Constitutes FRSA Adverse Action
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The old English Common Law had a phrase for the argument: “de minimis non curat lex” (“the law does not concern itself with trifles”). But unfortunately for American railroads, the U.S. Department of Labor’s Administrative Review Board has emphatically rejected the application of that argument to violations of the Federal Rail Safety Act…
FRSA Alert! FRSA Protects Non-Injury Absences From Discipline
By Charlie Goetsch on
Posted in Federal Rail Safety Act
WARNING UPDATE: see the 3rd Circuit’s decision in PATH v. U.S. DOL.
Any rail worker absence ordered by a treating doctor can no longer be used for attendance discipline purposes. That is the message of a ground-breaking decision interpreting the scope of FRSA protected medical treatment.
Subsection (c)(2) of the FRSA prohibits railroads from…
Judge Confirms Broad Scope of FRSA Adverse Actions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In an important decision clarifying the broad scope of adverse action under the Federal Rail Safety Act, Judge Theresa C. Timlin confirms that the mere act of filing of charges against an injured railroad employee is an unfavorable personnel action sufficient to support a FRSA violation.
The facts in Vernace v. PATH Rail are:…
FRSA Prohibits Discipline For Following Treating Doctor’s Orders
By Charlie Goetsch on
Posted in Federal Rail Safety Act
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…