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Tag Archives: Whistleblower Protection

How to Prove an FRSA Whistleblower Violation without a Smoking Gun

By Berman, Sobin, Gross, Feldman & Darby LLP |

You have been suspended from work or terminated, and you know it’s because you reported that injury, or because you put in one too many safety reports and trainmasters were targeting you. But how do you prove it when there’s no smoking gun – no statement from management that you’re being fired for reporting… Read More »

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Who Knew What, and When? It’s Important in FRSA Whistleblower Cases

By Berman, Sobin, Gross, Feldman & Darby LLP |

The Federal Rail Safety Act (“FRSA”) whistleblower law is one of the most powerful tools in a railroad employee’s arsenal to protect themselves against harassment and intimidation at work. Next year will mark the 10 year anniversary of the implementation of this law, which was passed in recognition of the hostile work environment prevalent… Read More »

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Why We Need The FELA

By Berman, Sobin, Gross, Feldman & Darby LLP |

I recently had the pleasure of speaking at two (2) Union Meetings, one in West Seneca, New York and the other in Altoona, Pennsylvania. One of the themes of the presentation dealt with the importance of the Federal Employers’ Liability Act (FELA). We had some really good discussions and I thought it would be… Read More »

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Beware Of The Railroad’s Release

By Berman, Sobin, Gross, Feldman & Darby LLP |

I was recently working on a Federal Rail Safety Act (FRSA) Whistleblower Case involving an argument by the Railroad that my client’s claim had been released. It reminded me that the Railroads as a whole are becoming much more aggressive with their Releases. While it is not an issue when a railroad employee with… Read More »

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Is This Any Way To Run A Railroad? Norfolk Southern Does It Again

By Berman, Sobin, Gross, Feldman & Darby LLP |

Once again Norfolk Southern has been found to be in violation of the whistleblower protection provisions of this FRSA. This is starting to sound like a stuck record (for those of you who remember records). On August 28, 2012, the Occupational Safety and Health Administration (OSHA) issued a news release indicating that it had… Read More »

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OSHA Blasts Norfolk Southern Again For Whistleblower Violation

By Berman, Sobin, Gross, Feldman & Darby LLP |

It’s getting hard to keep track of the number of times Norfolk Southern has been found to be in violation of the whistleblower protection provisions of the FRSA but it’s happened again. On August 8, 2012, the Occupational Safety and Health Administration (OSHA) issued a news release indicating that it had ordered Norfolk Southern… Read More »

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OSHA Orders $25,000 In Puntive Damages For Illegal Suspension

By Berman, Sobin, Gross, Feldman & Darby LLP |

On July 25, 2012, the Occupational Safety and Health Administration (OSHA) issued a news release indicating that it had ordered Union Pacific Railroad Company to pay a Railroader $25,000.00 in punitive damages for imposing a 10 day suspension for reporting an on-the-job injury. The Railroader suffered a serious injury that included the loss of… Read More »

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OSHA Orders Midwest Railroad To Pay Three Railroaders $650,000 In Back Wages And Damages

By Berman, Sobin, Gross, Feldman & Darby LLP |

On July 19, 2012, the Occupational Safety and Health Administration (OSHA) issued a news release indicating that it had ordered the Illinois and Central Railroad and the Chicago and Fort Wayne & Eastern Railroad to pay over $650,000.00 to three Railroaders who were discriminated against in violation of the FRSA. The first case involved… Read More »

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OSHA And FRA Join Forces To Provide Whistleblower Protection

By Berman, Sobin, Gross, Feldman & Darby LLP |

On July 16, 2012, the Occupational Safety and Health Administration (OSHA) announced that it has signed an agreement with the Federal Rail Administration (FRA) to “facilitate coordination and cooperation between agencies regarding enforcement of the Federal Railroad Safety Act’s whistleblower provision.” OSHA’s news release regarding the agreement went on to state that “The safety… Read More »

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OSHA Affirms Whistleblower Protection For Non-Complainant Witnesses

By Berman, Sobin, Gross, Feldman & Darby LLP |

On June 1, 2012, the Occupational Safety and Health Administration (OSHA) made it clear that the identities of non-complainant individuals who cooperate in the Whistleblower complaint process shall remain confidential. In a letter to the Vice President and General Counsel of the Burlington Northern Santa Fe Railroad, Charles W. Shewmake, David Michaels, Ph.D., Assistant… Read More »

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