OSHA has announced three FRSA "whistleblower" awards to railroad employees. As explained in the OSHA press release, over $650,000 was awarded to three separate employees, with each case including a punitive damages award by the DOL.
Also in Whistleblower news, OHSA has published its Final Rule governing the handling of retaliation complaints made under the Surface Transportation Assistance Act of 1982 (STAA). The STAA, as amended, covers commercial motor vehicle safety and security. The Final Rule is attached here. Among other things, the rule provides that a violation of the whistleblower protections in the Act may be found if the protected activity was a "contributing factor" to the adverse action alleged. For the defending party, relief is to be denied if it is shown by clear and convincing evidence that it would have taken the same adverse action in absence of the protected activity. In other words, the adverse action (i.e. discipline or termination for example) was not a result of the whistleblowing, as it were. The remainder of the final rule generally brings STAA actions in line with other whistleblower statutes and procedures enforced by OSHA.
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