US Department of Labor finds railroad wrongfully suspended worker for reporting safety concerns

The following is an abridgement of an article originally published by OSHA News Releases.

Whistleblower Investigation

A U.S. Department of Labor whistleblower investigation determined that a railroad company wrongfully suspended an employee for reporting a train collision and safety concerns, violating the Federal Railroad Safety Act.

The Occupational Safety and Health Administration (OSHA) investigated a complaint from a Kansas City-based employee who reported a minor train collision to the Federal Railroad Administration. The incident occurred at a Kansas City rail yard on 11 August 2024.

According to OSHA, the employee was not present during the crash but learned of it from a co-worker and reported the collision two days later. The investigation found that management was aware of the incident through radio traffic and internal rumours but took no investigative action until the employee's report prompted a federal inspection.

Disciplinary Action and Penalties

In September 2024, the employee acted as union chairman to represent other workers involved in the collision during a disciplinary hearing, disclosing their role in reporting the incident. The railroad company subsequently charged the employee with violating internal policy for failing to notify management of the collision and issued a 20-day unpaid suspension.

OSHA ordered the employer to rescind the suspension, pay all back wages with interest, and expunge the major rules violation and disciplinary references from the employee's personnel record. The company was also ordered to pay compensatory and punitive damages.