In August 2007, new federal legislation was passed which provides specific whistle-blower protections for railroad workers pursuant to the Federal Rail Safety Act (FRSA), 49 U.S.C. Section 20109. Under the FRSA, and in conjunction with the Occupational Safety and Health Administration (OSHA) whistle-blower statutes, a railroad may not discharge, demote, suspend, reprimand, or in any other way discriminate or discipline a railroad worker engaging in the following protected activities:
- Providing information assisting in an investigation regarding a violation of a safety law or rule regarding railroad safety issues; this includes Federal Railroad Administration (FRA) investigations and railroad investigations
- Refusing to violate a safety law or rule
- Filing a complaint regarding a safety violation
- Reporting a personal injury
- Furnishing information to the FRA or National Transportation Safety Board (NTSB) regarding an injury
- Reporting an unsafe working condition
- Filing a complaint under the FRSA
- Refusing to work when faced with an unsafe condition if:
A. No reasonable alternative is available; and
B. There is a risk of injury and no time to eliminate the danger; and
C. The employee has notified the carrier, if possible, of the unsafe condition and his intent not to perform the work.
An employee who alleges discipline or discrimination in violation of this law must:
- File a written complaint with the Department of Labor within 180 days of the alleged discriminatory act; and
- Provide notice to the official who allegedly committed the discriminatory act and to the railroad.
The available remedies under this law include the following:
- Back pay with interest
- Reinstatement with seniority rights unimpaired
- Attorneys fees and court costs
- Punitive damages not to exceed $250,000
Kansas City Federal Railroad Safety Act Attorneys
Because the FRSA law is still relatively new, its applicability to certain factual situations is developing and the protections afforded is continuously evolving. If you believe you have been subjected to any form of retaliation or discrimination by the railroad, contact us online or call us toll free at 877-746-3165 immediately, as there are deadlines that must be complied with in order to pursue any potential claim.
At O'Brien Chod, LLC, there is no charge to review or discuss your circumstances, and no obligation to hire us. Our railroad retaliation attorneys serve clients across the United States, including railroad employees in Chicago, Illinois, Kansas City, Missouri, North Platte, Nebraska, and all other major railroad hubs.
