PaintSquare.com


The First Word in Protective & Marine Coatings

A Product of Technology Publishing / PaintSquare
JPCL | PaintSquare News | Durability + Design | Paint BidTracker

Get Paint BidTracker's Water Facility Painting Opportunities of 2015

Paint and Coatings Industry News

Main News Page


RR to Pay $350K for Worker ‘Retaliation’

Wednesday, March 13, 2013

More items for Health & Safety

Comment | More

The Union Pacific Railroad has been ordered to reinstate an award-winning 30-year employee who was accused of wrongdoing and summarily fired after he reported an on-the-job injury.

The Occupational Safety and Health Administration found that the Omaha, NE-based railway—the largest railroad in North America—had terminated the employee "in retaliation for reporting a work-related injury."

The employee had been with the railroad for more than 30 years and had twice received its World Class Employee Award. In December 2010, he reported a work-related injury to the company. The railroad soon charged him with misusing his company vehicle and terminated him, according to OSHA.

Union Pacific Railroad
Photos: Union Pacific Railroad

Union Pacific is the largest railroad in North America. Railroads are generating more whistleblower complaints than any other U.S. industry. In many cases, OSHA says, workers allege firing after reporting on-the-job injuries.

"OSHA's investigation found that this charge was used as a pretext to retaliate against the employee for reporting his injury, and that the employee's explanations as to his use of the company vehicle were reasonable and consistent with his job duties," the agency reported.

Union Pacific disputes the allegations. "We disagree with the agency's findings and plan to appeal the decision," company spokesman Mark Davis said in an email.

$350K Settlement

OSHA ordered the railroad to pay more than $350,000 in back wages with interest, compensatory and punitive damages for violating the Federal Railroad Safety Act.

The railroad carrier was also ordered to remove disciplinary information from the employee's personnel record and to provide whistleblower rights information to its employees. Either party in the case may appeal the decision.

"An employer does not have the right to retaliate against employees who report work-related injuries," said Charles E. Adkins, OSHA's regional administrator in Kansas City.

"When workers can't report safety concerns on the job without fear of retaliation, worker safety and health suffer, which costs working families and businesses alike."

Railroad Crackdown

This is the second six-figure settlement that OSHA has announced in one week in defense of railroad workers who were fired after reporting injuries on the job.

Last week, the agency announced a $1.1 million settlement for three workers of Norfolk Southern Railway who were terminated after they were injured on the job.

Union Pacific switchman - WWII

Union Pacific Railroad has its roots in the 1862 Pacific Railroad Act, signed by President Lincoln. The railroad's World War II workers included this switchman.

The stepped-up enforcement follows a memorandum of agreement signed last summer between OSHA and the Federal Railroad Administration. The agreement was aimed at improving interagency cooperation to better enforce the FRSA's whistleblower provisions.

The Federal Railroad Safety Act protects employees who report violations of any federal law, rule or regulation relating to railroad safety or security, or who engage in other protected activities.

OSHA receives more whistleblower complaints from railroad employees than from any of the 20-plus other industries it regulates, including the nuclear, pipeline and maritime sectors. The agency took over whistleblower jurisdiction of the Railroad Safety Act in August 2007. In the next five years, it received more than 1,200 whistleblower complaints under that law.

   

Tagged categories: Enforcement; Federal Railroad Administration; Health and safety; OSHA; Rail; Workers

Comment Join the Conversation:

Sign in to our community to add your comments.

Bullard

The Next Generation
of Blasting

• Lightest
• Coolest
• Most Comfortable
• Most Dependable


Clemco Industries Corp.
Powerful Protection in a Small Package

Mounts inside blast helmet, alerts operator to dangerous breathing-air condition by audible, visual, and vibratory alarms. Easily calibrated, battery operated.


PaintSquare
SSPC 2014 Product Demos

Watch product demos by SSPC 2014 exhibitors. Check them out now!


ABKaelin, LLC
Quality is our bottom line

Services include:
• Environmental, Health &
  Safety
• Contractor QP Certification
• Quality Assurance Programs
  and Auditing
• SSPC C3/C5 and other
  Training
• Coatings
• Design/Construction
See our website at abkaelin.com or contact us today abkaelin@comcast.com


US Minerals
US Minerals -
Black Magnum

With nationwide production and distribution capabilities, U.S. Minerals supplies a complete range of coal slag and other abrasives to meet all of your blasting needs.


Modern Safety Techniques
Modern Safety Techniques

With our unique LTCat, we can help to provide clean, safe breathing air to your workers. Take a look at our Breathing Air Systems, we supply at least twice as much charcoal as our competitors! Modern


Barton International
Garnet Replaces Staurolite at Gulf Coast Shipyard

Learn how Barton 100HPA® was proven to cut 33% faster used 35% less abrasive with 50% less dust than Staurolite at a Gulf Coast Shipyard. (800)741-7756 info@barton.com

 
 
 
Technology Publishing

The Technology Publishing Network

The Journal of Protective Coatings & Linings (JPCL) PaintSquare
Durability + Design Paint BidTracker JPCL Europe

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us
 

© Copyright 2000-2014, Technology Publishing / PaintSquare, All rights reserved
2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com