Whistleblower Protection for Railroad Workers

For those who keep the trains running, from engineers to maintenance crews, speaking up about safety concerns should not come with the fear of losing their livelihood. Thanks to federal protections, railroaders can stand firm in their commitment to safety, knowing the law guards their efforts.

The Federal Railroad Safety Act (FRSA) serves as a powerful shield for railroad workers, including those employed by contractors and subcontractors. The FRSA ensures that those on the front lines of rail safety can report violations, refuse unsafe work, and prioritize their health without fear of retaliation.

But what does this protection look like in practice? Imagine you are a track-maintenance worker or a conductor who notices a dangerous defect in a section of rail, or unsafe footing. In the past, you might have hesitated to report it, worried about potential backlash. But under the FRSA, you can confidently report this hazard, knowing that your job is protected. Indeed, protections under the FRSA extend to a wide range of actions, including reporting violations of federal safety laws, refusing to violate safety regulations, and even to seeking medical treatment for work-related injuries.

Despite these broad protections, however, retaliation can occur. Unlawful retaliation might take the form of a sudden demotion, a reduction in hours, or even termination. The key is recognizing these actions for what they are—potential violations of your rights—and knowing how to respond.

If you find yourself facing what you believe to be retaliation, time is of the essence. The law provides a 180-day window from the retaliatory action to file a complaint. This process is managed by the Occupational Safety and Health Administration (OSHA). Whether you choose to visit your local OSHA office, send a written complaint, or file a complaint online, the important thing is to act promptly and provide as much detail as possible about the retaliatory action and its connection to your protected activity.

After filing your complaint, OSHA will review your complaint to ensure it meets basic requirements, and, if it does, then it will launch an investigation. This process is designed to uncover the truth of the situation. If the evidence supports your claim, OSHA has the power to issue orders for relief, which could include reinstatement, back pay, or other remedies to make you whole.

But what if you are not satisfied with OSHA’s decision? The process does not end there. You have the right to request a hearing before an administrative law judge, providing another opportunity to present your case. If you are still not satisfied, you can appeal to the Department of Labor’s Administrative Review Board. And if no final decision is reached within 210 days, you have the option to file a complaint in court, ensuring that your case will be heard.

This approach to protecting railroaders’ rights reflects the critical importance of railway safety. By empowering workers to speak up without fear, these protections do not just safeguard individual jobs—they contribute to the safety of the entire rail system and the public.

As a railroader, understanding these rights is your first line of defense in ensuring a safe work environment. It is about more than just protecting your job; it is about fostering a culture of safety that benefits everyone. Whether you are a veteran railroader or new to the railroad industry, take the time to familiarize yourself with these protections at www.whistleblowers.gov. And if you have questions, including believing that you have been wrongfully retaliated against, you can contact Schlichter Bogard directly to talk with an experienced lawyer who fully understands the rail industry.