OSHA cites Metro North for retaliating against employees

Whistleblower investigations by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) have found that the Metro North Commuter Railroad Co. retaliated against four employees who reported work-related injuries. Metro North provides commuter rail service in New York, New Jersey and Connecticut. The company has now been ordered by OSHA to take corrective actions and pay back wages, fees and a total of $300,000 in punitive damages.

The employees, who sustained on-the-job injuries in 2007 and 2008, filed whistleblower complaints with OSHA alleging that the railroad disciplined them for reporting their injuries, interfered with their medical treatment plans and/or reclassified injuries from occupational to non-occupational. OSHA's investigations, conducted under the whistleblower provisions of the Federal Rail Safety Act (FRSA), found merit to the complaints.

Consequences: Metro North was ordered by OSHA to take corrective actions including expunging disciplinary actions and references to them from various records; compensating the workers for lost wages or out-of-pocket medical expenses and attorneys' fees; amending its attendance policy so that work-related sick leave not be considered when assessing unsatisfactory attendance or transfer or promotion requests; ensuring that reporting occupational illnesses or injuries does not disqualify employees from transfers or promotions; and paying each complainant $75,000 in punitive damages.

"Railroad employees have the right to report occupational injuries and illnesses without fear that doing so will negatively affect their jobs, their health or their income," said Jordan Barab, acting U.S. assistant secretary of labor for safety and health. "Retaliating against employees for exercising this basic, legally protected workplace right is unacceptable."

Sources:
http://www.osha.gov/
"OSHA finds Metro North Commuter Railroad Co. retaliated against four employees who reported work injuries." Wolters Kluwer Law & Business. 17 Aug. 2009. Web. 17 Aug. 2009. http://hr.cch.com/news/safety/081709a.asp>.