Blacklands Railroad Violates FRSA and Pays!
Complainant began working for Blacklands Railroad in or about February, 2011. In late April to early May, 2013, complainant was working as an engineer/conductor with BLR when he was involved in a derailment of rail equipment. At that time, complainant was simply counseled by BLR to be careful and was not advised or made aware of any further investigation or possible disciplinary actions. In fact, BLR did not take any disciplinary action against complainant at that time.
Thereafter, on June 20, 2013, complainant suffered an on-the-job shoulder injury. Initially,he did not believe that he had been injured. However, when he woke up the following morning, he had severe pain and impairment in his arm. Complainant reported to work on the morning of June 21, 2013 and immediately went to Respondent and verbally reported his on-the-job shoulder injury.
BLR was found to be in violation of 49 C.F.R. 225, including, without limitation 225.11, 225.19, and 225.25, failed to request that Mr. Kendall complete a written injury report, and failed to otherwise report complainant’s injury to the FRA.
Following his injury, complainant was unable to do his normal job. Other than a couple of days of light duty, he remained off work per his doctor’s orders until July 5, 2013.
Once complainant’s doctor released him to return to work, he attempted to do so. However, BLR did not allow Mr. him to return to work. Instead, they terminated the complainant citing the April-May derailment incident as the reason. After this experience with Blacklands Railroad, complainant sought and found employment in another industry.
FRSA Complaint Settlement
After the complaint was filed, Blacklands agreed to pay monetary damages to cover backpay, medical expenses, mental anguish and attorney's fees. Jerry Easley of Rome, Arata and Baxley LLC handled the case for the injured conductor.
- Medical Delay Award!
- Fired Railroader Reinstated!
- Shortline Violates FRSA and Pays!
- Unfair Discipline by Union Pacific Expunged!
Railroad Whistleblower Resources
- Discipline for Reporting Must Stop!- Joint FRA-OSHA Letter to Railroads
- OSHA Fact Sheet - Whistleblower Protection for Railroaders
- FRA-OSHA Memorandum of Understanding
- AAR Amicus Curiae Brief
- OSHA Memo 3/12/12
- OSHA Whistleblower Investigation Manual
- 49 U.S.C. 20109
- How to Fill Out an Accident Report
- How to Give a Statement to the Railroad Claim Agent
- 7 Vital Tips for an Injured Railroad Worker
- Injured Railroad Worker Protections: How the FRSA Protects You When You Report an Injury or Safety Hazard