Three Ways the FRSA Protects You
Known as the rail industry’s Whitleblower Act, the Federal Rail Safety Act was enacted to afford legal protections to rail employees who report existing or potential safety issues or who assist in investigations by other individuals or agencies into those issues. But it isn’t just about safety. It’s also about assuring that railroads operate honestly, efficiently and legally. Here are three key ways that the act, informally known as FRSA, protects you:
- FRSA prohibits a railroad carrier or its officer, employee, contractor or subcontractor from discharging, demoting, suspending, reprimanding or otherwise discriminating against any worker who provides information about or assists investigations by appropriate individuals or agencies into “any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security.” Employees also have the right to refuse to assist in the violation of federal law, rule or regulation and to report any work-related injury or illness to the US Secretary of Transportation’s office without fear of retaliation.
- FRSA prohibits the same disciplinary or discriminatory actions against employees who in good faith report a hazardous safety or security condition; refuse to work when confronted by such aa condition; or refuse to authorize use of any safety-related equipment, track or structures for which the employee is responsible for inspection or repair and believes them a potential hazard.
- In the case of an on-the-job injury or illness, FRSA protects employees by prohibiting a railroad carrier or covered individual from denying, delaying or interfering with needed medical or first aid treatment. The act also requires quick transportation of an injured or ill employee to the nearest hospital and, as amended in 2008, prohibits discipline of employees for requesting medical treatment or for following medical treatment orders.
Common illegal adverse actions and retaliations by railroad carriers and officials against employees may include:
- Firing or laying off
- Blacklisting
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation
- Making threats
- Reassignment affecting promotion prospects
- Reducing pay or hours
- Disciplining an employee for requesting medical or first-aid treatment
- Disciplining an employee for following orders or a treatment plan of a treating physician
- Forcing an employee to work against medical advice
If you have experienced these or other retaliatory acts for an FRSA-covered report or action, know that time is a key factor in securing fair compensation. You have just 180 days after the alleged adverse action occurs to file your claim – and filing an effective claim can be complicated unless you have an experienced attorney on your side. Call 888-519-RAIL to speak with a dedicated FRSA lawyer with Jacksonville’s Rail Justice as soon as possible.
