Whistleblower violations can be costly, both in dollars and in the kind of publicity no company wants. Here’s a case in point.
OSHA has found that Norfolk Southern Railway Co. violated the whistleblower protection provisions of the Federal Railroad Safety Act (FRSA) and has ordered the company to pay three whistleblowers $802,168.70 in damages, including $525,000 in punitive damages and attorneys’ fees.
Furthermore, the company has been ordered to:
- Expunge the disciplinary records of the whistleblowers
- Post workplace notices regarding railroad employees’ whistleblower protection rights
- Provide training to its employees about OSHA rights
Investigations Reveal Reasonable Cause
Three concurrent investigations were completed by OSHA’s offices in Columbia, SC, Nashville, TN, and Harrisburg, PA. The investigations revealed reasonable cause to believe that the employees’ reporting of their workplace injuries led to internal investigations and, ultimately, to dismissals from the company.
Here’s what the investigations revealed:
- A laborer based in Greenville, SC, was terminated on Aug. 14, 2009, after reporting an injury as a result of being hit by the company’s gang truck. The railroad charged the employee with improper performance of duties.
- An engineer at a Norfolk Southern facility in Louisville, KY, was terminated on March 31, 2010, after reporting an injury as a result of tripping and falling in a locomotive restroom. The railroad, after an investigative hearing, charged the employee with falsifying his injury.
- A railroad conductor based in Harrisburg, PA, was terminated after reporting a head injury sustained when he blacked out and fell down steps while returning from the locomotive lavatory. The company, after an investigative hearing presided over by management officials, found the employee guilty of falsifying a report of a work-related injury, failing to promptly report the injury, and making false and conflicting statements. The day before the injury, the employee had been lauded for excellent performance, highlighted by no lost work time due to injuries in his 35-year career.
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OSHA Rulings
In the South Carolina case, OSHA found that the employee was treated disparately in comparison to four other employees involved in the incident. The laborer was the only employee injured and, thus, the only employee who reported an injury. He also was the only employee terminated. OSHA has ordered the railroad to pay punitive damages of $200,000 as well as compensatory damages of $110,852 and attorney’s fees of $14,325.
In the Kentucky case, OSHA found that the company’s investigative hearing was flawed and orchestrated to intentionally support the decision to terminate the employee. OSHA has ordered the railroad to pay the employee $150,000 in punitive damages, $50,000 in compensatory damages and $7,375 in attorney’s fees.
In the Pennsylvania case, OSHA found that the investigative hearing was flawed, and there was no evidence the employee intended to misrepresent his injury. OSHA has ordered the railroad to pay the employee $175,000 in punitive damages, $76,623.27 in back wages plus interest and $17,993.43 in compensatory damages, as well as all fringe benefits.
OSHA Will Go After Violators
"Firing workers for reporting an injury is not only illegal, it also endangers all workers. When workers are discouraged from reporting injuries, no investigation into the cause of an injury can occur," said OSHA chief Dr. David Michaels in response to these cases.
"To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation. The Labor Department will continue to protect all employees, including those in the railroad industry, from retaliation for exercising these basic worker rights. Employers found in violation will be held accountable."
Effective, 7-minute sessions providing comprehensive safety training at an average cost of $1 a day. Get the details.
E-Z Training at a Phenomenal Price
To help train employees in a broad range of safety and health topics, including training in OSHA rights, savvy safety professionals have for years relied on the BLR® 7-Minute Safety Trainer. This essential training resource allows you to provide concise, memorable training easily and effectively in just a few minutes. Materials are ready-to-use, and each session supplies a detailed trainer’s outline as well as a handout, quiz, and quiz answers to get your points across quickly—and cost-effectively.
All told, this "trainer’s bible" contains 50 prewritten meetings covering almost every aspect of safety you’d want or need to train on, in a format designed to be taught in as little as 7 minutes. Major topics include:
—Confined spaces
—Electrical safety
—Fire safety and emergency response
—HazCom
—Machine guarding and lockout/tagout
—Material handling
—PPE use and care
—Housekeeping/slips, trips, and falls
—and dozens more
Just make as many copies as you need of the included handouts and quizzes, and you’re ready to train.
Equally important is that the program ships new meetings every quarter to respond to new and changed regulations. This service is included in the program price, which averages just over $1 a working day. In fact, this is one of BLR’s most popular safety programs.
If you’d like to personally evaluate 7-Minute Safety Trainer and see how it can build safety awareness, we’ll be happy to send it to you for 30 days on a no-cost, no-obligation trial basis. Just let us know, and we’ll arrange it.