"Firing workers for reporting an injury is not only illegal, it also endangers all workers. When workers are discouraged from reporting injuries, no investigation into the cause of an injury can occur. To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation. The Labor Department will continue to protect all employees, including those in the railroad industry, from retaliation for exercising these basic worker rights. Employers found in violation will be held accountable."
Dr. David Michaels
Assistant Secretary of Labor for Occupational Safety and Health
What are whistleblower protections under the FRSA?
The Federal Rail Safety Act (“FRSA”) applies to railroads engaged in interstate commerce (most railroads in the U.S.) and provides a means for the U.S. Department of Labor to enforce the law and hold a railroad accountable for violations. There are some key requirements that must be met before an employee can be awarded damages, under the FRSA. Here are the key requirements that an employee must show to prevail in a FRSA whistleblower action:
Protected activity under the FRSA:
All of the below activities must be made in “good faith.”
Adverse action under the FRSA:
Remedies for adversely impacted employee: