HARTFORD, Conn. — Metro-North's actions against an
injured worker have resulted in the largest punitive damages ever in a
retaliation case under the Federal Railroad Safety Act. A recent investigation
by the U.S. Labor Department's Occupational Safety and Health Administration
uncovered these details and revealed that the worker, who is employed as a
coach cleaner for the commuter rail carrier, was retaliated against after
reporting the knee injury he suffered on Nov. 17, 2011. As a result, the
company has been ordered to pay the employee a total of $250,000 in punitive
damages, $10,000 in compensatory damages and to cover reasonable attorney fees.
While driving the injured employee to the hospital, a
Metro-North supervisor also intimidated the worker, reportedly telling the
worker that railroad employees who are hurt on the job are written up for
safety and are not considered for advancement or promotions within the company.
Unofficial reports from other employees appear to
corroborate the supervisor's claims. For instance, one worker smashed her foot
with a barrel while on the job, yet she did not file an accident report and
showed up to work every day using crutches in hope of keeping her injury record
clean. Another worker was injured when her hand was caught in a broken door
but, like her coworker, she did not fill out an incident report for fear of
reprisal.
Shortly after the Connecticut employee reported the
work-related injury, Metro-North issued disciplinary charges against him. The
employee filed an initial Federal Railroad Safety Act anti-discrimination
complaint with OSHA on April 19, 2012. An amended complaint was filed on April
9, 2013, after the railroad issued additional disciplinary charges against him.
"When employees, fearing retaliation, hesitate to
report work-related injuries and the safety hazards that caused them, companies
cannot fix safety problems and neither employees nor the public are safe,"
said Assistant Secretary of Labor for Occupational Safety and Health Dr. David
Michaels. "In this case, the Metro-North's conduct was deliberate and
discriminatory, and we have assessed the maximum amount in punitive damages
allowed under the law."
OSHA's investigation found that the employee engaged in
protected activity when he reported his injury and filed his complaints with
OSHA, that Metro North knew these were protected activities and that these
protected activities were contributing factors in Metro North's subsequent
disciplining of the employee.
The National Transportation Safety Board (NTSB) published a preliminary Special Investigation Report
dated November 19, 2014, regarding several recent accidents, including
fatalities, involving Metro-North. The NTSB noted in their findings that
"Metro-North Railroad did not have an effective program that encouraged
all employees to report safety issues and observations." OSHA's findings
here provide another example of this: if employees are discouraged from
reporting injuries, the employees and the public are endangered as Metro-North
cannot correct the conditions which caused the injuries.
In addition to paying punitive and compensatory damages,
OSHA ordered Metro-North to expunge the employee's record of all charges and
disciplinary action. The company must also conduct training for all supervisors
and managers on employee whistleblower rights and post a notice to employees of
their whistleblower rights. Both the employee and the railroad have 30 days
from receipt of OSHA's findings to file objections and request a hearing before
the Labor Department's Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA Act and 21
other statutes protecting employees who report violations of various airline,
commercial motor carrier, consumer product, environmental, financial reform,
food safety, health care reform, nuclear, pipeline, public transportation
agency, maritime and securities laws.
Under these laws enacted by Congress, employers are
prohibited from retaliating against employees who raise various protected
concerns or provide protected information to the employer or to the government.
Employees who believe that they have been retaliated against for engaging in
protected conduct may file a complaint with the secretary of labor for an
investigation by OSHA's Whistleblower Protection Program. Detailed employee
rights information is available online at http://www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970,
employers are responsible for providing safe and healthful workplaces for their
employees. OSHA's role is to ensure these conditions for America's working men
and women by setting and enforcing standards, and providing training, education
and assistance. For more information, visit http://www.osha.gov.
Source: Department of
Labor
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