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| Shapiro, Washburn & Sharp

Our firm has discussed several troubling episodes recently involving railroad companies that have used on-the-job injuries as an excuse to punish and even fire workers. Thankfully, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has caught on to the companies’ misbehavior and has handed down several major rulings against railroad companies like Union Pacific in only the last few months.

Another case that occurred at the end of January is worth mentioning because, rather than just hand down another whopper of a fine, OSHA actually signed an agreement with BNSF Railway Co. about the inappropriate way it had been retaliating against workers whose only crime was suffering a workplace accident.

OSHA announced that BNSF had agreed to revise several of its policies governing personnel after the Department of Labor found that they violated clear provisions contained in the Federal Railroad Safety Act (FRSA) that are meant to protect whistleblowers. OSHA said the policies acted to dissuade workers from reporting workplace injuries and thus left other employees in danger of suffering similar harm.

The agreement that BNSF signed says that the company will change its polices so that previous workplace injuries do not play a role in deciding how long an employee is suspended in the event of a rule violation. OSHA found that the company was inappropriately using past work injuries as an excuse to unfairly keep workers off the job. BNSF admitted to having a system that assigned points to those workers who suffered injuries and keeping track of those rankings.

BNSF also agreed to strengthen internal systems to allow for an immediate review of any management decision to discipline an employee who suffered an on-the-job injury. Finally, BNSF said it would make settlement offers to 36 different employees who had filed whistleblower complaints against the company claiming that they had been unfairly retaliated against for suffering or reporting workplace accidents.

OSHA said that protecting injured railroad workers from retaliation is one of the agency’s central missions. The hope among many is that the latest episode with BNSF, as well as the major fines handed down to Union Pacific, will work to force the railroad companies to make much needed changes in how they approach injured workers. No employee should have to fear being harassed, intimidated or even fired for being hurt while on the job. It’s good to know OSHA is at least attempting to hold the railroad companies’ feet to the fire.

About the Editors: The Shapiro, Lewis & Appleton & Favaloro personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.


  1. Gravatar for Kevin M Shelton
    Kevin M Shelton

    Non-admission of Liability

    It is understood and agreed that this Accord does not in any manner constitute an Admission of liability or wrongdoing on BNSF's part. BNSF expressly denies any such liability or wrongdoing and enters into this Accord in compromise and voluntary resolution of disputed claims for the sole purpose of avoiding further litigation and expense.

    This Accord is strictly between BNSF and OSHA.

    In other words, for the uninformed, it is a pass for BNSF. A 'Continue business as usual' and nothing more. It is a crock of 5417. God help the morons that accept it. (Odd. This Comments block will not notify me unless it's blank...hmm)

  2. Gravatar for Kevin M Shelton
    Kevin M Shelton

    On a lighter note, myself and one other individual have been able to reach the ALJ level for at least two of our brethren; DOL for one other. Some law firms seem to not want to become involved until that level. How very sad. It is not as hard as it appears though. Patience is a virtue. And perseverance is a twelve letter word. For most.

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