Railroad companies ordered to pay back wages to injured workers after whistleblower investigation

After a whistleblower investigation by the Occupational Safety and Health Administration (OSHA), the agency ordered two railroad companies to pay back wages to five injured, suspended workers.

OSHA found that Union Pacific Railroad Co. and Grand Trunk Western Railway Co. violated federal law by disciplining and/or suspending the five employees after reports of workplace illnesses or injuries. The companies disciplined the workers and suspended them for between one and 60 days with no pay after they reported illnesses or injuries.

An OSHA spokesperson said that companies may not retaliate against workers for reporting a workplace injury, and that this type of retaliation was far too prevalent in the railroad industry.

The companies were ordered to pay the employees compensatory and punitive damages, back wages plus interest and attorney’s fees. In addition, the disciplinary information must be removed from the workers’ personnel files, and the companies must post information about whistleblowers’ rights in the workplace.

Grand Trunk Western was ordered to pay four workers, including three conductors and a carpenter, a total of $85,580. Union Pacific was ordered to pay one worker $11,289.68 along with interest and attorney’s fees.

OSHA is responsible for enforcement of the whistleblower provisions of 22 separate statutes that protect workers who report specific violations of the law in certain industries. Workers who believe they have been victims of retaliation may request an OSHA investigation.

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