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By Ada W. Dolph and Craig B. Simonsen

A railroad’s decision to terminate an apprentice electrician whose OSHA injury report revealed he had not been truthful in his employment record about other prior workplace injuries was unlawful retaliation under the whistleblower provision of the Federal Railroad Safety Act, 49 U.S.C. § 20109 (FRSA), OSHA has ordered.  The railroad was …
Continue Reading Railroad Ordered to Pay $225,000 in Whistleblower Action where Employee Allegedly Lied About Prior Injuries

By James L. Curtis and Craig B. Simonsen

As noted in a previous blog, the Occupational Safety and Health Administration and the railroads have been fighting for years over Whistleblower issues related to employee discipline for workplace injuries. In another decision from the OSHA Administrative Review Board, Vernace v. Port Authority Trans-Hudson Corp., ARB No. 12-003, ALJ No. …

Continue Reading OSHA Administrative Review Board Finds Railroad Whistleblower Violation

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration and the railroads have been fighting for years over employee discipline for workplace injuries. On Tuesday, January 15, 3013, OSHA and BNSF Railway Company (BNSF) announced that they have reached an Accord, resulting in BNSF’s voluntary revision of several personnel policies that OSHA alleged violated…

Continue Reading After Long Dispute Railroad Reaches Whistleblower Accord with OSHA

By Meagan Newman

On July 16, 2012 the Federal Railroad Administration (FRA) and OSHA issued a Memorandum of Agreement to facilitate coordination between agencies regarding the enforcement of the Federal Railroad Safety Act’s whistleblower provision.  The memorandum establishes procedures for the agencies to follow for handling whistleblower complaints and states that the agencies will jointly develop training to assist FRA…
Continue Reading Recent Railroad Administration/OSHA Agreement and Whistleblower Orders Signal Heightened Scrutiny of Railroad Employers