OSHA: Strengthen whistleblower protections for Railroaders

SMART-TD takes a stand against retaliation 

The SMART-TD Railroad Union lobbied OSHA and the FRA for stronger whistleblower protections at a virtual meeting on October 29^th.  

“We are here to fight for our members,” said Jared Cassity, SMART-TD Deputy National Director of Safety and Legislative Affairs. “Railroad workers face harassment, demotion, and even firing for reporting unsafe conditions. This must stop, or it will continue to put both workers and the public at risk.” 

 OSHA is conducting an inquiry into America’s railroads, which included a request for public comments and the virtual meeting. 

SMART-TD was the only union to submit an official comment 

Multiple rail labor organizations were represented at the meeting; however, SMART-TD was the only union to submit an official comment.  

SMART-TD’s public comment reflects the reality that we face the threat of discipline or termination for reporting unsafe conditions or injuries at work. While the union can challenge these management decisions, many workers will cover up injuries or lie about incidents to protect themselves. 

Greg Hynes, SMART-TD National Director of Safety and Legislative Affairs, explained, “The culture of intimidation has been allowed to continue for too long. We need stronger protections for those who report safety issues.” 

Misuse of “operational testing” as a punitive tool 

A key issue identified by our members is the misuse of “operational testing,” where managers observe workers to enforce safety rules. The use of drones and covert surveillance, where managers “supervise” with binoculars from concealed locations, is justified by the railroads as ensuring safety. Such observations are all too often used to intimidate and punish workers who encounter safety issues or to deflect liability if there is an injury. 

Stronger protections for whistleblowers are a priority for all of us. “We must hold the railroads accountable,” said Hynes. “Workers must be able to report safety violations without fear of losing their jobs.”