The Railway Safety Act
The Federal Railway Safety Act or FRSA, protects railroad employees from discrimination and retaliation as well as hazardous and unsafe working conditions. The FRSA also ensures that injured railroad workers will receive prompt medical attention.
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Function
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The FRSA protects railroad carriers engaged in interstate or foreign commerce including contractors, subcontractors, officers and employees of those carriers from being penalized by their employer for engaging in protected activities.
Protected Activities
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Railroad workers engage in "protected activity" when they report their own or a coworker's work injury or occupational illness; supply information regarding a railway accident; report a violation of federal law or regulation; or report fraud, waste or abuse of public funds to a foreman, supervisor, manager, safety department, the Federal Railroad Administration, OSHA, an Inspector General or any law enforcement agency. A railroad employee's refusal to violate a federal law or regulation, work in hazardous or unsafe conditions, or authorize the use of unsafe equipment are also "protected activities."
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Medical Treatment
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Under FRSA, a railroad worker's employer cannot deny, delay or interfere with an injured worker's medical treatment under any circumstances. An employer cannot discipline or threaten to discipline a worker for taking medical leave, and cannot ask the employee to engage in tasks a physician has ordered the worker to refrain from during recovery.
Remedies
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Under the FRSA, a railroad employee who prevails in an action against his employer is entitled to damages such as reinstatement, back pay with interest, compensatory damages including litigation costs and attorney's fees, and punitive damages up to $250,000.
Expert Insight
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According to the law firm of Cahill, Goetsch & Perry, the FRSA only provides railroad workers a short window to begin the process of protecting their rights under the act, so any delay may cause a forfeiture of the worker's rights. It is the advice of Cahill, Goetsch & Perry to begin the process or contact an attorney as soon as a report of an injury or safety violation has been made.
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