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Rail News: Federal Legislation & Regulation
7/17/2012
Rail News: Federal Legislation & Regulation
OSHA, FRA team up to better enforce federal whistleblower provision
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The U.S. Occupational Safety and Health Administration (OSHA) and Federal Railroad Administration (FRA) recently signed an agreement to facilitate coordination and cooperation regarding the enforcement of the federal whistleblower provision, which protects rail employees from retaliation when they report safety violations or work-related injuries or illnesses.
The memorandum establishes procedures for the agencies to follow for whistleblower complaints. Under the agreement, the FRA will refer rail employees who complain of alleged retaliation to OSHA, which will provide the FRA copies of the complaints it receives under the whistleblower provision, as well as any findings and preliminary orders. The agencies also will jointly develop training procedures to help FRA enforcement staff recognize retaliation complaints and assist OSHA enforcement staff in identifying potential rail safety regulation violations uncovered during whistleblower investigations.
“This memorandum is a watershed moment for both railroads and labor alike,” said FRA Administrator Joseph Szabo in a prepared statement. “Securing a process that protects employees who report safety violations is critical to maintaining safety standards in the workplace.”
FRA and OSHA officials sent a joint letter to railroad and transportation associations to express their commitment to working together to ensure that injury and illness reporting is as accurate and consistent as possible.
Whistleblower complaints in the rail industry have been on the rise in recent years, according to the agencies. Between 2007 and 2012, OSHA received more than 900 whistleblower complaints, about 63 percent of which involved an allegation that a worker was retaliated against for reporting an on-the-job injury.
The memorandum establishes procedures for the agencies to follow for whistleblower complaints. Under the agreement, the FRA will refer rail employees who complain of alleged retaliation to OSHA, which will provide the FRA copies of the complaints it receives under the whistleblower provision, as well as any findings and preliminary orders. The agencies also will jointly develop training procedures to help FRA enforcement staff recognize retaliation complaints and assist OSHA enforcement staff in identifying potential rail safety regulation violations uncovered during whistleblower investigations.
“This memorandum is a watershed moment for both railroads and labor alike,” said FRA Administrator Joseph Szabo in a prepared statement. “Securing a process that protects employees who report safety violations is critical to maintaining safety standards in the workplace.”
FRA and OSHA officials sent a joint letter to railroad and transportation associations to express their commitment to working together to ensure that injury and illness reporting is as accurate and consistent as possible.
Whistleblower complaints in the rail industry have been on the rise in recent years, according to the agencies. Between 2007 and 2012, OSHA received more than 900 whistleblower complaints, about 63 percent of which involved an allegation that a worker was retaliated against for reporting an on-the-job injury.
