OSHA Publishes Final Rule on Whistleblower Complaints in Transportation Sector

The Occupational Safety and Health Administration (OSHA) has published its final rule regarding the handling of retaliation against worker complaints in the railroad and transportation sector. Effective November 9, the new rule falls under the National Transit Systems Security Act and the Federal Railroad Safety Act and is designed to protect whistleblowers from retaliation.

Under the Federal Railroad Safety Act, employers are prohibited from retaliating against a railroad worker for providing information to a government body or member of law enforcement. This Act specifically protects workers who refuse to violate a federal law, workers who make complaints under FRSA, workers who notify the DOT of a work-related injury or illness, workers who cooperate with safety investigators, workers who provide information to the DOT, or workers who report hours on duty.

The National Transit Systems Security Act offers similar protection for workers in the railroad and transportation sector, prohibiting employers from retaliating against workers for reporting hazardous conditions, refusing to work when there's a hazard present, refusing to authorize the use of safety or security equipment when a hazard is present, providing information to a government entity, refusing to violate a federal law, filing a complaint under NTSSA< cooperating with a safety or security investigation, or furnishing information to the DOT.

So, why did OSHA feel the need to issue a final rule on whistleblower complaints in the railroad and transportation sector? According to Assistant Secretary of Labor for OSHA Dr. David Michaels, railroad workers have the right to report injuries without the fear of retaliation. Unfortunately, though, a vast number of workers are being reprimanded for speaking out against hazardous conditions. This has prompted OSHA to issue a final rule on whistleblower complaints.

"Railroad workers have the right to report injuries and to follow their doctor's treatment plans for injuries sustained in the course of their employment without fearing that they will be retaliated against," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Railroad and public transit agency workers must never be silenced by the threat of losing their job when their safety or the safety of the public is at stake."