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How the Federal Railroad Safety Act shields railroad workers

On Behalf of | Dec 26, 2024 | Railroad Whistleblower Claims

The Federal Railroad Safety Act (FRSA) is an important law in the United States that helps protect the safety and rights of railroad workers. Its’ aim is to ensure that the railroads are safe places to work and that workers can report safety problems without fear of punishment or losing their jobs.

What is the FRSA?

The federal government passed the FRSA in 1970. This law gives the Federal Railroad Administration (FRA) the power to create and enforce safety regulations. These rules cover many aspects of railroad operations, such as track maintenance, signal systems and train equipment.

How does the FRSA protect workers?

One of the key protections the FRSA offers is whistleblower protection, which means that railroad workers can report safety violations or unsafe working conditions without fearing punishment from their employers. If workers notice something dangerous, they can speak up, and the law will protect them from being fired, demoted or facing any other negative consequences.

The FRSA also requires railroads to follow specific safety standards. Companies must maintain their equipment and tracks to prevent accidents. If a company fails to meet these standards, it can face penalties from the FRA.

How does the FRSA work in practice?

For example, if workers see a broken rail or a malfunctioning signal, they can report it to their supervisor or the FRA. The FRA can then investigate the issue and require the railroad to fix it. This process helps prevent accidents and keeps workers and everyone else safer.

If workers believe the railroad punished them for reporting a safety issue, they can file a complaint with the Occupational Safety and Health Administration (OSHA). OSHA will investigate the complaint and can order the employer to reinstate the worker or pay back wages if they find that the railroad punished the worker.

Why the FRSA important

The law protects workers who report safety issues and encourages everyone to speak up about potential dangers. It leads to safer railroads and fewer accidents, benefiting workers and the public. Overall, the FRSA is crucial in ensuring that America’s railroads are secure and reliable.

Fighting back

A railroad employee who faces disciplinary actions protected by FRSA has 180 days to file a claim against the railroad for its illegal actions. In doing so, the whistleblower can seek such damages as reinstatement with the same seniority, back pay with interest, compensatory damages and up to $250,000 in punitive damages. Those with questions about filing a claim can consult an attorney who handles FRSA whistleblower claims.