The Federal Railroad Safety Act (FRSA) protects workers who report violations of federal railroad safety laws or refuse to work in dangerous conditions. I will describe this program in detail below, but in a nutshell, it protects employees from retaliation and provides rewards to those who report unsafe conditions. A recent case bolstered FRSA whistleblowers’ rights, and I wanted to provide an overview of the court’s holding for my clients here in Mississippi.
If you are considering becoming an FRSA whistleblower, or any other type of whistleblower, here in Mississippi, you will need the help of an experienced whistleblower attorney. Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.
The Federal Railroad Safety Act
Congress created the FRSA to address ongoing concerns about railway safety and to combat systemic retaliation against railroad workers who reported safety violations. Under the FRSA, railroad workers can attain significant awards for reporting unsafe practices, along with front and back pay and reinstatement, and also receive protections for retaliation.
What Sort of Conduct is Protected Under the FRSA?
The FRSA protects employees who: File safety complaints under the FRSA; Cooperates with a safety or security investigation; Refuses to violate federal law or regulation related to railway safety; Accurately reports work hours; Provides information about any railway safety investigation.
To prove retaliation, all the FRSA whistleblower must do is show that his or her lawful, protected behavior was a “contributing factor” in the employer’s decision to take adverse employment action. That means that there could be many factors that combined resulted in an employee’s discipline—he or she could have been late several times, could have missed a safety meeting, and also could have provided information to NTSB investigators. So long as the employee’s giving information to NTSB was one factor in the employer’s decision-making regarding discipline, then the decision itself is retaliation. In short, one bad apple ruins the whole bunch.
Recently, the U.S. Ninth Circuit of Appeals upheld the “contributing factor” standard in a case, Frost v. BNSF Railway Co. Frost filed a legitimate safety report but also had safety allegations leveled against him. The employer BNSF argued that because it had an “honest belief” that Frost had violated safety rules regarding entering the tracks without appropriate clearance, it had the right to take adverse employment action against him. The lower court agreed with BNSF. On appeal, the Ninth Circuit held that the “contributing factor” test still applied and that it did not matter that BNSF also had concerns about his adherence to safety rules. Because his filing a safety report was a “contributing factor” to BNSF’s decision, adverse action against Frost was retaliatory. This is welcome news for FRSA whistleblowers, and I have attached the full Ninth Circuit Case below.
What Should You Do if You are Considering an FRSA Whistleblower Claim?
Have you been fired from or disciplined at your railroad job because of safety concerns you raised? The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered as a result of your report, reinstatement, back pay and front pay, and expenses, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. Careful pleading is key to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful FRSA whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
