The FRSA protects employees from retaliation for “reporting, in good faith, a hazardous safety condition.” In a recent landmark decision, the 2nd Circuit Court of Appeals held that such good faith only requires proof of a subjective belief, and rail workers do not have to prove both a subjective and objective basis for believing a
transportation infrastructure fraud lawyer
ARB Limits Temporal Scope of (c)(1) Protection
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Federal Rail Safety Act Subsection (c)(1) prohibits railroads from denying, delaying, or interfering with an employee’s right to prompt medical treatment for a workplace injury. In Santiago v. Metro North Railroad, the ARB held the scope of (c)(1)’s prohibition was not limited to the immediate aftermath of a workplace injury. Now, in Wever v. …
FRSA Subsection (c)(2)’s Safe Harbor Exception
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a case of first impression, a federal judge has applied FRSA subsection (c)(2)’s exception to the prohibition against railroads disciplining employees for following the orders of a treating physician. Stapleton v. Union Pac. R.R. Co.
The exception to (c)(2) is:
a railroad carrier’s refusal to permit an employee to return to work following medical
…
Amtrak Hit With $900,000 Whistleblower Award
By Charlie Goetsch on
Posted in False Claims Act fraud
Amtrak’s Office of Inspector General (OIG) is supposed to investigate and remedy retaliation against employees who blow the whistle on contractor fraud or safety hazards. But in a ruling that raises serious questions about Amtrak’s commitment to whistle blower protection, OSHA has found Amtrak terminated one of its own OIG Supervisors for raising concerns about
…