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osha-logo_webWASHINGTON – The Occupational Safety and Health Administration today published a final rule finalizing procedures for handling whistleblower retaliation complaints filed under Section 806 of the Sarbanes-Oxley Act of 2002. The SOX Act protects employees who report fraudulent activities and violations of Securities Exchange Commission rules that can harm investors in publicly traded companies.

“Silencing workers who try to do the right thing is unacceptable,” said Assistant Secretary of Occupational Safety and Health Dr. David Michaels. “This final rule safeguards investors by protecting whistleblowers who shine a light on illegal or fraudulent conduct that otherwise may go uncorrected.”

SOX prohibits publicly-traded companies, nationally recognized statistical ratings organizations, and other covered persons from retaliating against an employee who provides information about conduct that the employee reasonably believes violates federal mail, wire, bank or securities fraud statutes, SEC rules, or any provision of federal law relating to fraud against shareholders.

Workers can file a complaint with OSHA if they believe that their employer has retaliated against them for exercising their rights under SOX. OSHA’s Whistleblower Protection Programs Web page provides instructions on how to file a complaint and information on worker rights and protections.

OSHA enforces the whistleblower provisions of SOX and 21 other statutes protecting employees who report violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, motor vehicle safety, health care reform, food safety and consumer financial reform regulations. Additional information is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

OSHA logo; OSHAHARTFORD, Conn. – Metro-North’s actions against an injured worker have resulted in the largest punitive damages ever in a retaliation case under the Federal Railroad Safety Act. A recent investigation by the U.S. Labor Department’s Occupational Safety and Health Administration uncovered these details and revealed that the worker, who is employed as a coach cleaner for the commuter rail carrier, was retaliated against after reporting the knee injury he suffered on Nov. 17, 2011. As a result, the company has been ordered to pay the employee a total of $250,000 in punitive damages, $10,000 in compensatory damages and to cover reasonable attorney fees.

While driving the injured employee to the hospital, a Metro-North supervisor also intimidated the worker, reportedly telling the worker that railroad employees who are hurt on the job are written up for safety and are not considered for advancement or promotions within the company.

Unofficial reports from other employees appear to corroborate the supervisor’s claims. For instance, one worker smashed her foot with a barrel while on the job, yet she did not file an accident report and showed up to work every day using crutches in hope of keeping her injury record clean. Another worker was injured when her hand was caught in a broken door but, like her coworker, she did not fill out an incident report for fear of reprisal.

Shortly after the Connecticut employee reported the work-related injury, Metro-North issued disciplinary charges against him. The employee filed an initial Federal Railroad Safety Act anti-discrimination complaint with OSHA on April 19, 2012. An amended complaint was filed on April 9, 2013, after the railroad issued additional disciplinary charges against him.

“When employees, fearing retaliation, hesitate to report work-related injuries and the safety hazards that caused them, companies cannot fix safety problems and neither employees nor the public are safe,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “In this case, the Metro-North’s conduct was deliberate and discriminatory, and we have assessed the maximum amount in punitive damages allowed under the law.”

OSHA’s investigation found that the employee engaged in protected activity when he reported his injury and filed his complaints with OSHA, that Metro North knew these were protected activities and that these protected activities were contributing factors in Metro North’s subsequent disciplining of the employee.

The National Transportation Safety Board (NTSB) published a preliminary Special Investigation Report dated November 19, 2014, regarding several recent accidents, including fatalities, involving Metro-North. The NTSB noted in their findings that “Metro-North Railroad did not have an effective program that encouraged all employees to report safety issues and observations.” OSHA’s findings here provide another example of this: if employees are discouraged from reporting injuries, the employees and the public are endangered as Metro-North cannot correct the conditions which caused the injuries.

In addition to paying punitive and compensatory damages, OSHA ordered Metro-North to expunge the employee’s record of all charges and disciplinary action. The company must also conduct training for all supervisors and managers on employee whistleblower rights and post a notice to employees of their whistleblower rights. Both the employee and the railroad have 30 days from receipt of OSHA’s findings to file objections and request a hearing before the Labor Department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower* provisions of the FRSA Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.

Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. Detailed employee rights information is available online at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA logo; OSHAKANSAS CITY, Mo. – BNSF Railway Co. has been found in violation of the Federal Railroad Safety Act* by the U.S. Department of Labor’s Occupational Safety and Health Administration. OSHA’s investigation upheld allegations that the company disciplined an employee assigned to its station in Ottumwa, Iowa, for following a physician’s treatment plan. The company has been ordered to pay the conductor $12,000 in damages, remove disciplinary information from the employee’s personnel record and provide whistleblower rights information to all its employees.

“Workers should never be forced to choose between staying healthy or facing disciplinary action,” said Marcia P. Drumm, OSHA’s acting regional administrator in Kansas City. “Whistleblower protections play an important role in keeping workplaces safe. It is not only illegal to discipline an employee for following doctor’s orders, it puts everyone at risk.”

OSHA’s investigation upheld the allegation that the railroad company disciplined the conductor in retaliation for taking leave in line with a treatment plan ordered by a doctor. The employee was ill and saw a doctor on Dec. 16, 2013. Following the appointment, the conductor immediately notified a supervisor that the doctor had ordered him to stay out of work for the remainder of the day. The note also covered illness suffered during the weekend, which was part of the employee’s scheduled time off. The employee was subsequently disciplined for violating the company’s attendance policy.

BNSF Railway has been ordered to pay $2,000 in compensatory and $10,000 in punitive damages, as well as reasonable attorney’s fees. Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA logo; OSHAKANSAS CITY, Kan. – Burlington Northern Santa Fe LLC wrongfully terminated an employee in Kansas City after he reported an injury to his left shoulder, according to the U.S. Department of Labor’s Occupational Safety and Health Administration. The company has been found in violation of the Federal Railroad Safety Act*, and OSHA ordered the company to pay the apprentice electrician $225,385 in back wages and damages, remove disciplinary information from the employee’s personnel record and provide whistleblower rights information to all its employees.

“The resolution of this case will restore the employee’s dignity and ability to support his family,” said Marcia P. Drumm, OSHA’s acting regional administrator in Kansas City, Missouri. “It is illegal to discipline an employee for reporting workplace injuries and illnesses. Whistleblower protections play an important role in keeping workplaces safe because they protect people from choosing between their health and disciplinary action.”

OSHA’s investigation upheld the allegation that the railroad company terminated the employee following an injury that required the employee to be transported to an emergency room and medically restricted from returning to work. The company’s investigation into the injury, reported on Aug. 27, 2013, concluded that the employee had been dishonest on his employment record about former, minor workplace injuries unrelated to the left shoulder. These conclusions led the company to terminate the employee on Nov. 18, 2013.

OSHA found this termination to be retaliation for reporting the injury and in direct violation of the FRSA. BNSF has been ordered to pay $50,000 in compensatory damages, $150,000 in punitive damages, more than $22,305 in back wages and interest and reasonable attorney’s fees.

Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA logo; OSHADENVER – Burlington Northern Santa Fe Railway has been ordered to pay more than $526,000 in back wages and other damages to two workers following an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration. OSHA found that the company, based in Fort Worth, Texas, was in violation of the whistleblower provisions of the Federal Railroad Safety Act for terminating the employees in 2010 and 2011 for reporting a workplace injury that occurred at the company’s Havre, Mont., terminal.

“An employer cannot retaliate against employees who report an injury,” said Gregory Baxter, OSHA’s regional administrator in Denver. “OSHA recognizes that employers can legitimately have, and apply, policies to require prompt injury reporting; however, that is not what happened here. When employers mask their retaliatory intent through application of a policy or rule, they violate the law.”

The former employees submitted complaints to OSHA alleging violations of the anti-retaliation provisions of the FRSA. Because of these complaints, OSHA conducted an investigation and determined that the reporting of the work-related injury was a factor in each former employee’s termination, which is a direct violation of the FRSA. Burlington Northern has been ordered to pay back wages with interest, compensatory damages and attorney’s fees, while reinstating and expunging the two employees’ work records.

The reporting of an injury, regardless of an employer’s policy or deadline, is a protected activity under well-established law. The railway carrier failed to demonstrate that it would have taken the same unfavorable personnel action in the absence of the behavior protected by the FRSA.

Burlington Northern or the complainant may file objections or request a hearing before the department’s Office of Administrative Law Judges within 30 days of receipt of OSHA’s order. OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes, protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA logo; OSHAA Canadian National Railway conductor who says he was wrongfully fired in 2013 could be getting his job back.

“This was a whistleblower lawsuit because I was singled out and wrongfully terminated,” Wayne Laidler said. “I felt it was important to pursue the case to bring to light the way corporate America treats their employees. The company, they shoot first and ask questions later. I wanted to make sure this doesn’t happen to any other employees in the future.”

Read the complete story at The Times Herald.

OSHA logo; OSHACHICAGO – The U.S. Department of Labor’s Occupational Safety and Health Administration has found Grand Trunk Western Railway Co. and Union Pacific Railroad Co. in violation of the Federal Railroad Safety Act for suspending and/or disciplining five workers following the reporting of workplace injuries or illnesses.

“When employees are disciplined for reporting workplace injuries, safety concerns or illnesses, worker safety and health are clearly not the company’s priority,” said Nick Walters, OSHA’s regional administrator in Chicago. “More than 60 percent of the FRSA complaints filed with OSHA against railroad companies involve an allegation that a railroad worker has been retaliated against for reporting an on-the-job injury. This is unacceptable and a culture that must be changed.”

The department has ordered the companies to pay back wages, along with interest, punitive and compensatory damages, and attorney’s fees. The companies will also be required to remove disciplinary information from the employees’ personnel records and must provide whistleblower rights information to workers.

OSHA has ordered Grand Trunk Western Railway Co., a subsidiary of the Canadian National Railway, to pay four workers a total of $85,580.

A building and bridge carpenter will receive $29,671 in lost wages, less employment taxes, $2,119 in lost vacation pay and $10,000 in punitive and compensatory damages. OSHA’s investigation upheld his allegations that he was suspended for 20 days after reporting a workplace injury that occurred in South Bend, Ind., in December 2011.

A conductor will receive $29,671 in lost wages, less employment taxes, $2,119 in lost vacation pay and $10,000 in punitive and compensatory damages. He received a 60-day suspension from work after reporting a workplace injury that occurred in Lansing, Mich., in November 2011.

Another conductor working in Pontiac, Mich., can expect $1,500 in punitive and compensatory damages and no loss of wages after the employee was issued a 45-day suspension, which has not been served, for taking unauthorized leave in June and July 2012 for ongoing medical treatment. OSHA’s finding upheld that the medical treatment should have been an excused absence. Additionally, a conductor working in Battle Creek, Mich., will receive $500 in punitive damages and one day’s lost wages after he was issued a one-day suspension for reporting a workplace injury in February 2013.

Union Pacific Railroad Co. has been ordered to pay a brakeman $1,289.68 in lost wages, less employment taxes, and $10,000 in punitive and compensatory damages, along with interest and attorney’s fees. OSHA’s investigation upheld the brakeman’s allegation that the railway issued him a one-day suspension and required him to attend remedial simulator training after he was injured by battery acid fumes when investigating a possible fire in the engine room of a train in the Dupo Illinois Yard.

Either party in these cases can file an appeal with the department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

 

OSHA logo; OSHAJACKSON, Miss. – A whistleblower investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration determined that Illinois Central Railroad Co., by conducting a disciplinary hearing, retaliated against a worker for reporting a work-related injury, which is in violation of the whistleblower protection provisions of the Federal Railroad Safety Act.

“Railroad workers have the legal right to report work-related injuries without fear of retaliation,” said Teresa A. Harrison, OSHA’s acting regional administrator in Atlanta. “Railroads that take such retaliatory actions against their workers for exercising basic rights will be held fully accountable and prosecuted.”

In this case, the conductor sustained injuries to the head, neck and back when falling into the bulkhead after the emergency brake was applied unexpectedly on a moving locomotive. The incident and injuries were reported immediately to the trainmaster. The complainant was taken by ambulance to the hospital, admitted and diagnosed with a closed-head injury.

As a result of its findings, OSHA has ordered Illinois Central Railroad Co. to pay $1,000 in punitive damages and to take corrective action, including expunging disciplinary actions and its references to them from various records. OSHA also ordered the railroad to compensate the worker for reasonable attorney’s fees. The railroad must also post and provide FRSA whistleblower rights to its workers.

Illinois Central and the complainant have 30 days from receipt of the findings to file an appeal with the department’s Office of Administrative Law Judges. Under FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries, certain safety and security violations and for cooperating with investigations by OSHA and other regulatory agencies.

OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various securities, financial services, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, food safety, motor vehicle safety, workplace safety and health regulations and consumer product safety laws.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or who provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Programs. More information is available at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

BOSTON – The U.S. Department of Labor has ordered Pan Am Railways Inc. to pay $50,000 in compensatory and punitive damages, as well as take corrective action, on behalf of an injured worker. The North Billerica-based commercial railroad adversely charged the worker with lying when he filed a Federal Railroad Safety Act complaint with the department’s Occupational Safety and Health Administration.

The employee, who works in a rail yard in Waterville, Maine, filed an OSHA complaint on Dec. 6, 2011, claiming that the railroad had subjected him to disciplinary action earlier, including a letter of reprimand, for reporting an injury and unsafe working conditions. Shortly after the filing, Pan Am Railways held a second disciplinary hearing on Jan. 4, 2012. It alleged that the worker made false statements to OSHA and the railroad.

OSHA found that the employee engaged in protected activity when filing the complaint, and the railroad took retaliatory action by charging him with lying and by holding the second disciplinary hearing. Such adverse action can intimidate employees from exercising their FRSA rights, even if the charge is later dropped, as it was in this case.

“Employers must understand that their employees have a legal right to file a whistle-blower complaint with OSHA without fear of retaliation,” said Marthe Kent, OSHA’s New England regional administrator. “Responding to an employee’s complaint with threats of disciplinary action is not acceptable and prohibited by law.”

In addition to the compensatory and punitive damages, OSHA has ordered Pan Am Railways Inc. to expunge all files and computerized data systems of disciplinary actions and references to the hearing notice and the January trial. The company must also post a notice to employees about its FRSA whistle-blower rights at all its Maine locations and on its internal website and provide all employees with copies of training materials related to FRSA. Finally, the company must pay reasonable attorney’s fees and compensate the employee for wages and benefits that were lost due to his attending the January disciplinary hearing.

OSHA enforces the whistle-blower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.

Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistle-blower Protection Program. Detailed employee rights information is available online at http://www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Chastised for its “reprehensible conduct” Union Pacific railroad has been ordered to pay nearly $310,000 to a North Platte man who was fired after a co-worker ran over his foot.

A federal judge has ruled that UP, which is headquartered in Omaha, displayed “blatant disregard” for a federal whistleblower law which allows railroad workers to report injuries.

Read the complete story at NebraskaWatchdog.org.