Violating the rights of workers can lead to fines and a bad reputation for the employer at fault.
According to the Occupational Safety and Health Administration (OSHA), one such employer went too far on impeding the rights of a worker recently.
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Grand Trunk Western Railway Co. in Michigan violated the Federal Railroad Safety Act when a carman was suspended following a workplace injury, according to OSHA
The employee was seriously injured by a 20-foot section of crane chain while changing defective railcar wheels in the company’s Ferndale rail yard. As a result, OSHA ordered the company to pay $137,618 in back pay, along with interest, punitive and compensatory damages and attorney’s fees.
Worker Safety A Concern When Disciplined For Reporting Injury
“For an employer to place blame on an employee who got injured on the job while following the instructions of his supervisors is unjust,” said Nick Walters, OSHA’s regional administrator in Chicago. “When employees are disciplined for injuries and the reporting of safety concerns, worker safety becomes a serious concern.”
An OSHA investigation upheld the 23-year Grand Trunk Western Railway Co. employee’s allegation that the railroad issued him a 90-day suspension after the employee was struck and injured by the crane chain.
Following his injury, Grand Trunk Railway Co.’s internal investigation determined the worker had violated company safety protocol, leading to his injury, and issued the carman a 90-day suspension from service. The carman returned to work after 53 lost days.
OSHA’s investigation found that the employee had been directed by the mechanical supervisor to change the defective tires in a manner which violated company safety protocols, and that the employer used the injury as a pretext to suspend the employee.
Employer Must Provide Whistleblower Rights Information
The railroad carrier has been ordered to remove disciplinary information from the employee’s personnel record and to provide whistleblower rights information to its employees. Grand Trunk Railway Co. will also pay a total of $137,618, which includes $5,242 in lost wages and $125,490 in punitive and compensatory damages.
Either party in the case can file an appeal with the department’s Office of Administrative Law Judges.
On July 16, 2012, OSHA and the U.S. Department of Transportation’s Federal Railroad Administration signed a memorandum of agreement to facilitate coordination and cooperation for enforcing the FRSA’s whistleblower provisions.
Between August 2007, when OSHA was assigned responsibility for whistle-blower complaints under the FRSA, and September 2012, OSHA has received more than 1,200 FRSA whistleblower complaints. More than 60 percent of the FRSA complaints filed with OSHA involve an allegation that a railroad worker has been retaliated against for reporting an on-the-job injury.
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.
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