Charging that the Union Pacific Railroad nurtures a “culture of retaliation” against its workers, the US Occupational Safety and Health Administration slapped the railroad with $350,000 in damages in connection with a worker who was disciplined ror reporting a workplace injury.
The incident occurred Dec. 22, 2013, at the Union Pacific’s yard in North Platte, Nebraska. The engineer — whose name was not released — apparently was injured when his locomotive collided with another vehicle.
According to OSHA, the railroad took disciplinary action against the worker after he sought medical attention for his injuries. The victim — who had been employed Union Pacific for 35 years — had never received any type of disciplinary action prior to the incident.
‘A Chilling Effect’
Marcia Drumm, regional administrator of OSHA’s Kansas City bureau, said the railroad’s actions could have had a chilling effect on other workers who were injured on the job.
“It is not only illegal to discipline an employee for reporting an injury and seeking medical attention, it puts everyone at risk,” Drumm told CBS Money Watch.
The Union Pacific has been ordered to pay the engineer $350,000 in punitive and compensatory damages, as well as reasonable attorney’s fees. The railroad also was ordered to remove the disciplinary action from the employee’s work record.
Workers Informed of their Rights
The federal agency also ordered the Union Pacific to distribute information about whistleblower rights to all of its employees.
“It is disheartening that this employee, a loyal railroad worker for 35 years, faced disciplinary action because he sought medical attention for a work-related injury,” Drumm said in an OSHA news release. “Union Pacific’s actions and the repeated complaints filed by their employees are indicative of a culture that doesn’t show that same loyalty to their workers or concern for their safety.”
“Whistleblower protections play an important role in keeping workplaces safe,” she said.
Railroad to Appeal the Ruling
Union Pacific officials said they will appeal the agency’s decision with the Office of Administrative Law Judges.
“Union Pacific strongly disagrees with OSHA’s findings in this case,” Union Pacific spokeswoman Aaron Hunt told EHS Today. “We will appeal.”
200 Whistleblower Complaints Since 2001
The case is the Union Pacific’s third violation of the Federal Railroad Safety Act at the North Platte yard since 2011. The railroad also has been the target of more than 200 whistleblower complains nationwide since 2001.
In 2013, the railroad was ordered to pay another $350,000 in damages to another worker who reported a work related injury and was later fired for allegedly misusing his company’s vehicle. OSHA investigators said the Union Pacific’s firing of the employee was retaliation for having been a whistleblower.
Charles Adkins, an OSHA regional administrator, said the Union’s Pacific’s actions in that case were part of a pattern of retaliation against workers who get hurt on the job and then report their injuries.
“An employer does not have the right to retaliate against employees who report work-related injuries,” Adkins said in an OSHA news release. “When workers can’t report safety concerns on the job without fear of retaliation, worker safety and health suffer, which costs working families and businesses alike.”
About 60% of Federal Railroad Safety Act complaints filed with OSHA are from workers who complain about being retaliated against for reporting injuries they suffered at work.