A whistleblower investigation by OSHA reports that the Metro North Commuter Railroad Co. brought disciplinary charges against an employee in the railroad's New Haven, Conn., rail yard who filed a whistleblower complaint with the agency.
OSHA has ordered the railroad, which provides commuter rail service in Connecticut, New York, and New Jersey, to take corrective action and pay the worker $80,500 in punitive damages and attorneys fees. (WCxKit)
"Taking repeated disciplinary action against an employee who exercised his legal right to report an on-the-job injury and voiced a complaint about retaliatory treatment by his employer is unconscionable," said Marthe Kent, OSHAs New England regional administrator, located in Boston. "Such treatment instills a culture of silence in which hazardous conditions are masked because employees will be fearful of reporting them."
The employee faced disciplinary action from Metro North after he filed a whistleblower complaint with OSHA in November 2008 that alleged retaliation related to his earlier reporting of a workplace injury. OSHAs investigation, conducted under the whistleblower provisions of the Federal Railroad Safety Act, found merit to the complaint.
As a result, OSHA has ordered Metro North to take corrective actions, including expunging disciplinary actions and references to the worker from various records, reimbursing the worker a total of $5,500 in attorneys fees, and paying him punitive damages in the amount of $75,000. (WCxKit)
In addition, the railroad must provide its employees with information about their whistleblower rights and their right to report on-the-job injuries.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: [email protected] or 860-553-6604.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: [email protected] or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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