Protecting Whistleblowers & The Injured

Are railroad whistleblowers shielded from retaliation?

On Behalf of | May 26, 2023 | Firm News, Railroad Injuries

Railroad workers actively safeguard safety standards. They handle hazardous materials to prevent environmental harm. They also maintain equipment for emissions reduction and energy efficiency. Yet, what if they uncover safety violations or unlawful acts with environmental implications?

While these employees can report such concerns, a crucial question arises: Are there safeguards in place to protect whistleblowers from retaliation when they dare to speak up?

Laws protecting environmental whistleblowers

In the U.S., several federal environmental laws have special provisions protecting whistleblowers. Examples include:

  • The Atomic Energy Act
  • The Clean Air Act
  • The Clean Water Act Act
  • The Safe Drinking Water Act
  • The Solid Waste Disposal Act
  • The Toxic Substances Control Act

Many states have also enacted such laws with longer statute of limitations and may have additional benefits unavailable under federal law.

Shielded from retaliation

Railroad workers may be protected from retaliation when reporting safety violations or unlawful activities. For example, the Federal Railroad Safety Act (FRSA) prohibits employers from acting adversely against them. This means no demotions, terminations or harassment for:

  • Reporting safety violations
  • Participating in investigations
  • Seeking medical treatment
  • Filing complaints with OSHA

Once OSHA investigates a complaint and finds it valid, the following remedies may be available:

  • Reinstatement
  • Back pay
  • Compensatory damages
  • Attorney fees

In addition, the employer may be required to amend their policies and provide whistleblower protection training to employees, creating a safer environment for all.

Confidentiality matters

Confidentiality is a crucial aspect of whistleblower protection. OSHA keeps the identity of whistleblowers confidential during the investigative process. This confidentiality ensures that employees can come forward without fear of exposing their personal information, fostering a climate of trust and openness.

Time is of the essence

Whistleblowers need to act promptly if they believe they’ve faced retaliation. The statute of limitations for filing a complaint is 180 days from the retaliatory action. Complaints can be submitted online, by mail, fax, or in person. By acting swiftly, employees can protect their rights and properly address their concerns.

Whistleblowers are unsung heroes in the railroad industry, playing a pivotal role in maintaining safety standards and holding employers accountable. Through their bravery, the railroad industry can stay on track, ensuring the well-being of its workers and the communities it serves.

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