http://safety.blr.com/news.aspx?id=116010May 03, 2010
Transit Co. Is Ordered to Pay Half-Million to Whistleblower
A whistleblower investigation has revealed that New Jersey Transit violated the Federal Railroad Safety Act when it retaliated against an employee for reporting a work-related illness. The inquiry was conducted by OSHA under whistleblower provisions of the Federal Railroad Safety Act (FRSA).
According to the findings, the railroad brought the employee up on charges in February 2008 for missing work after suffering a job-related illness from witnessing a fatal accident involving another worker. The railroad retaliated against the worker by cutting his pay and then suspending him, OSHA found. These acts caused the employee “significant financial and personal losses.”
The investigation found merit to the complaint and ordered relief. New Jersey Transit was ordered to take actions, including expunging disciplinary actions taken against the employee from the records and compensating the worker for back pay, lost benefits, interest, and other fees totaling almost $500,000. The railroad must also post and provide employees with information on their FRSA whistleblower rights.
“Railroad employees have the legal right to report work-related injuries and illnesses without fear of retaliation,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This case sends a clear message: Railroads that retaliate against employees for exercising their rights will be held accountable.”