Whistleblower Law Blog » Federal Rail Safety Act

DOL Orders Metro North Railroad to Pay $80,500 in Punitive Damages and Attorney’s Fees to Whistleblower

admin — Mon, 10 Jan 2011 16:47:10 +0000

The U.S. Department of Labor held that Metro North Commuter Railroad Co. retaliated against a whistleblower who reported an injury and filed a complaint with the Occupational Safety and Health Administration (OSHA), and ordered Metro North to

expunge the whistleblower’s records of any retaliatory reviews,
pay $75,000 in punitive damages to the whistleblower,
pay $5,500 in attorney’s fees to the whistleblower, and
educate its employees about the right to report on-the-job injuries under the Federal Railroad Safety Act.

Metro North, which provides commuter rail service in Connecticut, New Jersey, and New York, unlawfully disciplined the whistleblower following his report to OSHA. Under the Federal Railroad Safety Act, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries, reporting safety violations, and cooperating with investigations by OSHA. For more information about the Federal Railroad Safety Act, click here.

OSHA Orders Utah Transit Authority to Reinstate Whistleblower

admin — Thu, 02 Sep 2010 16:45:12 +0000

OSHA has ordered Utah Transit Authority (UTA) to reinstate a whistleblower and pay more than $130,000 in back wages with interest and attorney’s fees. According to the complaint, the UTA fired the whistleblower in retaliation for raising security concerns, which violates the Federal Railroad Safety Act.

For more information about the firm’s Whistleblower Law Practice, click here.

OSHA Finds for Railway Worker Whistleblower, Awards Punitive Damages

admin — Wed, 09 Jun 2010 16:33:43 +0000

On May 20, 2010, OSHA ordered CSX Transportation, Inc. to rescind disciplinary actions and pay a whistleblower $5,000 in punitive damages. According to OSHA, CSX violated the Federal Rail Safety Act when it disciplined the employee for repeatedly reporting safety concerns to management.

The employment attorneys at The Employment Law Group® law firm have experience litigating several types of whistleblower claims before the Department of Labor. To read more about their Railroad Employee Whistleblower Practice, click here.

OSHA Orders New Jersey Transit to Reinstate Rail Worker, Pay Punitive Damages

admin — Wed, 07 Apr 2010 21:31:48 +0000

On April 6, 2010, OSHA ordered the New Jersey Transit Corporation (NJT) to reinstate a rail worker and pay him over $500,000 for retaliation he suffered as a result of missing work due to a job related illness. In February 2008, the Complainant witnessed a contractor being electrocuted and burned to death after coming into contact with high voltage lines. The Complainant fully cooperated in the ensuing investigation and was found not to be involved. Shortly thereafter, the Complainant reported difficulty sleeping and emotional trauma. The Complainant was ordered into an employee assistance program (EAP) and was diagnosed with anxiety and post traumatic stress disorder.

Upon learning that the Complainant would miss work as a result of his illness, the Superintendent accused the Complainant of manipulating the EAP counselor and malingering. The Superintendent also launched an investigation, accusing the Complainant of “violating electrical operating instructions.” Later the Superintendent also stopped the Complainant’s EAP pay. After approximately six months, the EAP counselor cleared the Complainant to return to work in October 2008. However, NJT then suspended the Complainant without pay until February 2009 for safety violations.

While in the EAP, the Complainant filed a complaint with OSHA claiming NJT violated the Federal Rail Safety Act. OSHA found that the temporal proximity between the reported illness and adverse employment actions is sufficient to prove that the NJT retaliated against the Complainant. As a result, OSHA ordered NJT to reinstate the Complainant and pay him back pay. He has also been awarded $5,000 for pain and suffering; $50,000 for damage to his credit; and over $350,000 for the loss of his car and home. NTJ must also pay $75,000 in punitive damages due to “its reckless disregard for the law and complete indifference to the Complainant’s rights.” The Complainant and NJT have 30 days to object and request a hearing before the Department of Labor’s Office of Administrative Law Judges.

For information about The Employment Law Group® law firm’s Railroad Whistleblower Practice, click here.

OSHA Finds Retaliation in Railroad Whistleblower Case

admin — Mon, 23 Feb 2009 21:30:56 +0000

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has ordered Union Pacific Railroad Company to reassign, reimburse, and pay compensatory damages to a former employee who alleged that he was retaliated against for requesting a lookout while performing work on adjacent railroad tracks. After investigating the whistleblower complaint, OSHA concluded that Union Pacific violated the whistleblower provisions of the Federal Rail Safety Act (FRSA) when it eliminated the welder position and forced the employee to increase his daily commute by 131 miles. The take away point for this case is that the whistleblower provisions of the FRSA prohibit all forms of retaliation, including the elimination of an employment position merely because an employee voices a safety concern. The Employment Law Group® law firm routinely represents employees in whistleblower retaliation actions. For more information about the FRSA and The Employment Law Group® law firm’s Transportation Whistleblower Practice, click here.

OSHA Orders Amtrak to Pay Damages to Railroad Whistleblower

admin — Mon, 10 Nov 2008 20:15:17 +0000

The U.S. Department of Labor awarded back pay, interest and punitive damages to a former Amtrak employee who alleged that she was suspended for reporting a work-related injury to Amtrak. In her complaint, she also alleged that Amtrak terminated her employment because she filed a complaint with OSHA about Amtrak’s retaliatory suspension of her employment. This appears to be the first case in which OSHA found for an employee under the whistleblower provision of the Federal Rail Safety Act. The Employment Law Group® law firm routinely represents employees in whistleblower retaliation actions. For more information about The Employment Law Group® law firm’s Transportation Whistleblower Practice, click here.