According to an Occupational Safety & Health Administration press release, separate investigations by the Kansas City, Missouri, and San Francisco, California, offices determined the company violated the whistleblower protection provisions of the Federal Railroad Safety Act (FRSA) by terminating two employees and suspending one in retaliation for reporting workplace safety concerns and a work-related injury.
"Workers have the right to report work-related injuries and safety concerns without fear of retaliation," said Assistant Secretary for OSHA Dr. David Michaels, in the announcement. "Union Pacific Railroad has created a climate of fear instead of a climate of safety. The company must take immediate steps to change this unacceptable pattern of retaliation."
A Kansas City, Missouri-based Union Pacific Railroad conductor was terminated from employment in September 2010 after making repeated complaints to the company's hotline about safety concerns, such as fall and trip hazards, missing and obstructed roadway signs, and various right-of-way issues, and for noting a supervisor violated safety procedures during a field test. The railroad also cited the conductor for having a tattoo it deemed as creating a hostile work environment. The conductor received the tattoo, which commemorates his military service, prior to beginning his employment with the company in 2004.
OSHA ordered the conductor be reinstated to his position and receive punitive damages of $150,000, attorney fees of $11,925, compensatory damages of $10,258.51 and biweekly back wages in the amount of $3,437.10 covering September 15, 2010, through January 1, 2011, as well as biweekly payments of $3,527.02 retroactive to January 1, 2011, and continuing until a bona fide order of reinstatement is made by Union Pacific Railroad.
A second Kansas City, Missouri-based conductor was suspended without pay from his job for five days in November 2010 after making several complaints to the company's hotline regarding rough spots on the track. OSHA has ordered the conductor receive punitive damages of $100,000, attorney fees of $10,725, compensatory damages of $5,056.50 and back wages in the amount of $2,170.79, representing loss of pay from a one-day investigative hearing and the five-day suspension.
The third Union Pacific Railroad employee, a locomotive engineer based in Tucson, Arizona, was terminated after reporting a workplace injury in August 2009. OSHA has ordered the 32-year company employee receive $150,000 in punitive damages, $75,000 in compensatory damages, and $12,250 in attorney fees.
In addition to requiring payments be made to the affected employees, the department has ordered Union Pacific Railroad to provide training on whistleblower rights to its managers, supervisors, and employees, and to notify employees of their rights to be able to file complaints without fear of retaliation under the FRSA. This action follows two other orders issued by OSHA to Union Pacific Railroad in 2010 and 2011, which found the company had similarly retaliated against other workers for reporting work-related injuries.
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