Following a series of train derailments in March 2023, including the high-profile disaster in Palestine, Ohio and the ongoing evacuation following a derailment in Raymond, Minnesota, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released a statement highlighting its efforts “to protect the safety and health of railroad workers in light of recent events.” OSHA notes that railroad operators need to ensure that employees are aware of their whistleblower rights.
OSHA states that “rail operators must comply with regulatory requirements and should follow best practices including: … Ensuring that managers and workers understand that retaliation against employees for reporting hazards and unsafe conditions is illegal, and that workers know they may pursue a whistleblower complaint with OSHA or DOT if they experience retaliation for protected activities under the Occupational Safety and Health Act or the Federal Railroad Safety Act.”
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of more than 20 federal statutes, including the Federal Railroad Safety Act (FRSA). The FRSA protects employees of railroad carriers, or a contractor (such as a manufacturer or repairer of operational equipment for a railroad carrier), from retaliation for blowing the whistle on safety concerns.
Under the FRSA, railroad workers are able to report violations of federal laws and regulations related to railroad safety to federal regularly...
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