The data is in. Since FY 2014, the number of OSHA whistleblower investigators shrunk by 25% while the number of complaints ballooned by 30%. In FY 2018 alone, 1,137 private statutory retaliation complaints were filed, the majority by railroad workers
Train Law Blog
The Source for Railroad Injuries & Whistleblower Protection
The Train Law Blog, published by Charles Goetsch Law Offices LLC, focuses on legal issues related to whistleblower protections in the railroad and maritime industries. It covers topics such as the Federal Rail Safety Act (FRSA), whistleblower retaliation claims, burden of proof standards in whistleblower cases, and recent legal developments affecting railroad and maritime workers. The blog also discusses landmark court decisions and regulatory actions, including those involving the Seaman's Protection Act (SPA) and OSHA enforcement against maritime employers. It provides analysis on employer policies, employee rights, and the legal framework governing safety reporting and retaliation in transportation sectors.
Latest from Train Law Blog - Page 4
Further Correcting Kuduk’s Mischief
The Administrative Review Board provides further proof of the erroneous use of the phrase “intentional retaliation” in the 8th Circuit’s Kuduk decision. In Riley v. Dakota, Minnesota & Eastern Railroad, the ARB spells out why “intentional retaliation” simply does…
When Failing to Comply With a Direct Order Is OK
When a BNSF employee reports an on-the-job injury, the Railroad orders the employee to disclose medical information to a medical case manager. But when an employee reports a non-work related injury, the Railroad leaves them alone. BNSF employee Travis Klinger…
FRSA Remedies and Attorney Fees
The Federal Rail Safety Act is a “make whole remedy” statute, and a federal judge has clarified some important points regarding the range of remedies available to railroad employees who report injuries or safety hazards.
More on FRSA “Good Faith” and “Intentional Retaliation”
What Is A “Good Faith” Refusal?
Under subsection (a)(2) of the Federal Rail Safety Act, it is protected activity for an employee “to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating…
Recent Seaman Protection Act Whistleblower Developments
A $1.15 Million SPA Whistleblower Settlement
It took four long years, but a full measure of justice has come to my client Captain John Loftus. John was the Captain of a 850 foot long container ship who took safety seriously.…
Some Recent FRSA Developments
What is Adverse Action?
The question arises, in order to qualify as an “adverse action” under the Federal Rail Safety Act, does a railroad’s investigation into an employee’s actions have to result in actual discipline? What if the charge…
ARB Affirms $1 Million Seaman’s Protection Case
While railroaders and truckers generate the most cases, seamen and merchant mariners also are protected from retaliation when they blow the whistle on safety issues. The Seaman’s Protection Act prohibits retaliation against any seaman who reports a work related injury…
Second Circuit Sidesteps Subsection (c)(1) Issues
Federal Rail Safety Act subsection (c)(1) prohibits railroads from denying, delaying, or interfering with the medical treatment of employees “injured during the course of employment.” In a fact driven decision, the Second Circuit Court of Appeals sidesteps deciding the temporal…
Can OSHA Order the Training of Managers?
The FRSA is a “make whole remedy” statute, so the question arises: can OSHA force a recalcitrant railroad to train its managers so they comply with the statute going forward? The short answer is: yes, when the facts call for…