Whistleblower Retaliation Lawsuit

In a news release at http://www.dol.gov/opa/media/press/osha/osha20100157.htm , the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it has ordered the Illinois Central Railroad Co. and the Chicago, Central & Pacific Railroad, both headquartered in Homewood, Illinois, to pay a former railroad employee more than $80,000 in back wages, compensatory damages and attorney fees.  According to the February 11, 2010 news release, OSHA investigated the employee’s allegation that the railroad terminated his employment in retaliation for reporting a work-related injury he sustained while performing his job.  OSHA’s investigation found that officials from both railroads ordered an investigation into the cause of the employee’s injury, which ultimately resulted in their decision to terminate his employment.  As stated in the news release, the evidence showed that the employee was in compliance with the railroads’ rules governing the reporting of work-related injuries and not at fault for his injury.  OSHA conducted the investigation under the whistleblower provisions of the Federal Rail Safety Act (FRSA) as amended in 2007.  The FRSA protects railroad carrier employees who report violations of any federal law, rule or regulation relating to railroad safety or security or who engage in other activities protected by the act.  In this regard, employers are responsible under OSHA for providing safe and healthful workplaces for their employees, and OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

For more information about OSHA visit http://www.osha.gov .  Detailed information on employee whistleblower rights can be found at http://www.osha.gov/dep/oia/whistleblower/index.html .