It takes courage for railroad employees to act as whistleblowers. Although the Federal Railroad Safety Act (FRSA) protects railroad employees from unlawful whistleblower retaliation, they still generally need to protect themselves.
Here are some of the things railway employees intending to act as whistleblowers could do to protect themselves.
1. Establishing private documentation
Railroad workers intending to act as whistleblowers likely need documentation of the safety or legal violations they witnessed. That way, even if they lose access to email or job sites due to a sudden termination from their position, they can still prove that misconduct occurred and that they have certain rights as whistleblowers.
2. Consulting with a lawyer
Whistleblowing creates a variety of risks, making compliance with legal standards of the utmost importance. Workers trying to verify that their circumstances require whistleblowing and ensuring that they adequately protect themselves typically need the support and insight of a lawyer. Proper guidance can make it easier to document the situation, comply with reporting requirements and effectively invoke the law as necessary.
3. Managing internal and external reporting simultaneously
Whistleblowers who advise supervisors, managers or compliance officers of their concerns may find themselves targeted for unfair discipline. Their employer might potentially try to cover up the situation by destroying records, altering documents or performing work previously left incomplete before regulatory authorities conduct inspections.
By ensuring that any internal reporting occurs simultaneously with the reports made to external authorities, workers reduce the likelihood of railroad companies manipulating the situation through additional misconduct.
Having a plan in place before acting can protect a professional from whistleblower retaliation. The right steps can make a major difference for railroad employees who become aware of unsafe circumstances or unlawful billing practices.

