Rail Law Blog

» Federal Rail Safety Act

FRSA Medical Treatment Provision Cases Part II

In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee.  Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Admini… Read More
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Update: FRSA Medical Treatment Provision Cases

In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course o… Read More
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Federal Court of Appeals limits FRSA Medical Treatment Provision

The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to… Read More
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FRSA Complaints Can Be Filed Online With OSHA

Last month, the Department of Labor announced that retaliation complaints, including those brought pursuant to the Federal Rail Safety Act (FRSA), can be filed online at the DOL website. This seemingly minor announcement is actually very important… Read More
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Third Circuit Court of Appeals Interprets FRSA

The Third Circuit Court of Appeals reversed a lower court’s decision in favor of the railroad in a claim brought pursuant to the Federal Rail Safety Act (FRSA).  The case, Araujo v. New Jersey Transit Rail Operations, Inc., was decided on Februar… Read More
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Administrative Law Judge Rejects Railroad’s Argument In Case Under FRSA

I previously wrote a post about how railroads can use a system of operational rules testing as a form of harassment and retaliation after workers report safety concerns or injuries on duty. In one such case where those allegations have been made ag… Read More
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OSHA awards $800,000 in damages against NS for FRSA violation

The Occupational Safety and Health Administration announced yesterday that it has ordered Norfolk Southern Railway Co. to pay over $800,000 in damages on the claims of three employees who were retaliated against after reporting injuries at work.  … Read More
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Rules Testing as a Form of Harassment

How would you like your supervisor to follow you all day, look over your shoulder at everything you do, and write down every time you make a mistake? This is what railroad employees endure during rules tests on a regular basis. For the vast majority… Read More
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What is the railroad afraid of?

A railroad conductor recently sought my help when he was asked to give a witness statement by the railroad’s claim department.  He was working with an engineer who suffered an injury and later brought a claim against the railroad under the FELA. … Read More
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Union Pacific hit with FRSA award

An employee of Union Pacific railroad was reinstated with backpay, compensatory damages, attorneys’ fees and punitive damages of over $200,000 after he was terminated for reporting an injury on duty.  UP is appealing the decision, denying that it… Read More
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Disclaimer

Shapero · Roloff blogs are for informational and educational purposes only. The posts do not constitute legal advice, and are not intended to create an attorney-client relationship. The legal information provided is general and should not be relied upon as legal advice, which the author cannot provide without full consideration of all relevant information relating to one's individual situation. If you have questions about a specific legal issue, feel free to contact our office to talk to an attorney at (216) 781-1700.

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