August 27, 2016

FMCSA publishes final rule prohibiting coercion

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The Rule provides FMCSA with the authority to take enforcement action not only against […]

Clarifying OSHA’s rule on whistleblower retaliation

Earlier last week, the Occupational Safety and Health Administration (OSHA) issued a final rule covering railroad whistleblower cases and employer retaliation. The rule serves to clarify whistleblower protections already in place and establishes procedures and time frames for handling employee retaliation complaints covered under the National Transit Systems Security Act (NTSSA) and the Federal Railroad […]

OSHA issues final rule on retaliation, whistleblowing

WASHINGTON – The Occupational Safety and Health Administration today issued a final rule establishing procedures and time frames for handling employee retaliation complaints under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). The final rule is effective Nov. 9, 2015. NTSSA establishes protections against retaliation for public transportation agency employees who engage in whistleblowing activities related […]

OSHA explains process of whistleblower resolution

WASHINGTON – The Occupational Safety and Health Administration today issued policies and procedures* for applying a new process for resolving whistleblower disputes. The new process is an early resolution process that is to be used as part of a regional Alternative Dispute Resolution (ADR) program. The ADR program offers whistleblower parties the opportunity to negotiate a settlement […]

OSHA finds BNSF violated whistleblower protections

SEATTLE, Wash. – North America’s second-largest freight railroad, Burlington Northern Santa Fe LLC, must reinstate a train conductor and pay the man $536,063 in back pay, damages and attorney’s fees after a federal investigation found the rail operator retaliated against its employee after reporting a knee injury. BNSF filed disciplinary charges against the conductor after he […]

UP again violates Federal Railroad Safety Act

More than 200 whistleblower complaints against railroad since 2001 NORTH PLATTE, Neb. – For the third time since 2011, the Union Pacific Railroad has violated the Federal Railroad Safety Act at its yard in North Platte by disciplining employees who reported workplace injuries and sought medical attention, the U.S. Department of Labor’s Occupational Safety and […]

OSHA seeks nominations for Whistleblower committee

WASHINGTON – The Occupational Safety and Health Administration today announced that nominations are being accepted for members to serve on the Whistleblower Protection Advisory Committee. OSHA is accepting nominations for six members to serve on the 12-member committee for a two-year term. The six positions will become vacant Dec. 1, 2015. Nominations will be accepted […]

OSHA announces final rule on handling retaliation

WASHINGTON – The Occupational Safety and Health Administration today published a final rule finalizing procedures for handling whistleblower retaliation complaints filed under Section 806 of the Sarbanes-Oxley Act of 2002. The SOX Act protects employees who report fraudulent activities and violations of Securities Exchange Commission rules that can harm investors in publicly traded companies. “Silencing […]

Metro-North violates rights of Connecticut worker

HARTFORD, Conn. – Metro-North’s actions against an injured worker have resulted in the largest punitive damages ever in a retaliation case under the Federal Railroad Safety Act. A recent investigation by the U.S. Labor Department’s Occupational Safety and Health Administration uncovered these details and revealed that the worker, who is employed as a coach cleaner […]

BNSF ordered to pay $12K to disciplined worker

KANSAS CITY, Mo. – BNSF Railway Co. has been found in violation of the Federal Railroad Safety Act* by the U.S. Department of Labor’s Occupational Safety and Health Administration. OSHA’s investigation upheld allegations that the company disciplined an employee assigned to its station in Ottumwa, Iowa, for following a physician’s treatment plan. The company has been ordered […]