OSHA Issues Largest Punitive Award in a Federal Railroad Safety Act Retaliation Claim
Author: Ashley Shaw, XpertHR Legal Editor
January 22, 2015
The Occupational Safety and Health Administration (OSHA), which enforces over 20 different whistleblower statutes, has issued the largest ever punitive damages award in a retaliation claim under the Federal Railroad Safety Act (FRSA). The $250,000 verdict against Metro-North Commuter Railroad Company highlights the importance of avoiding retaliatory actions against employees and refraining from discouraging an employee from reporting a work-related safety violation or injury.
The claim alleged that a Metro-North supervisor, while driving an injured employee to the hospital, told the employee that workers who reported workplace injuries were written up for safety violations and passed over for promotions.
Despite this warning, the employee reported the injury and disciplinary charges were issued against him. This prompted the employee to file an antidiscrimination claim under the FRSA. The claim was later amended to add additional disciplinary charges issued against the employee.
OSHA's investigation led to a ruling in favor of the employee. In addition to the punitive damages, the employer was ordered to do all of the following:
- Pay $10,000 in compensatory damages along with reasonable attorney fees;
- Expunge the employee's records of the disciplinary actions and charges;
- Conduct training for supervisors and managers on employee whistleblower rights; and
- Post a notice relaying to employees their whistleblower rights.
OSHA takes these matters seriously as unreported injuries and illnesses make it harder for an employer to spot safety violations and make corrections. In order to create a safer working environment both for employees and the public in general, an honest reporting of injuries and illnesses is vital.
As with any OSHA verdict, both the employee who filed the claim and Metro-North have 30 days to file objections to the ruling.