A U.S. Department of Labor whistleblower investigation has found that a railroad company wrongfully suspended an employee for reporting a train collision and safety concerns, in violation of the Federal Railroad Safety Act.
The department’s Occupational Safety and Health Administration investigated a complaint filed by a Kansas City-based employee of Canadian Pacific Kansas City Ltd., who reported to the Federal Railroad Administration a minor train collision that occurred at the railroad company’s Knoche Yard on Aug. 11, 2024.
While the employee was not present at the time of the crash, which caused minimal damage and did not result in any injuries, the employee learned of it from a co-worker on the day it occurred and reported the collision and related safety concerns, as required by law, two days later.
OSHA’s investigation found that CPKC’s management was aware of the incident through radio traffic and internal rumors but took no investigative action until the employee’s report triggered an inspection by the Federal Railroad Administration.
In September 2024, the employee represented other workers involved in the collision during a disciplinary hearing as their union chairman and disclosed they reported the incident. As a result, CPKC investigated the employee and charged them with violating internal company policy for failure to notify management of the collision, despite not being present for it. The employee was subsequently suspended for 20 days without pay.
OSHA ordered CPKC to rescind the employee’s 20-day suspension and pay all back wages plus interest. The employer was also ordered to expunge the major rules violation and all references to the disciplinary action from the employee’s personnel record. CPKC must also pay compensatory and punitive damages.
OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of 25 whistleblower statutes protecting employees from retaliation for reporting violations of workplace airline, anti-money laundering, commercial motor carrier, consumer product, criminal antitrust, environmental, financial reform, food safety, health insurance reform, maritime, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, safety and health, securities, and tax laws.
Source: OSHA
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Workers’ Compensation
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