USA ONE COMPANY WRONGFULLY TERMINATED EMPLOYEE AFTER HE REPORTED AN INJURY TO HIS LEFT SHOULDER AND NOW ASKED TO PAY THE APPRENTICE ELECTRICIAN $ 225,385 BACK WAGES AND DAMAGES TO HIM AND REMOVE DISCIPLINARY INFORMATION FROM PERSONNEL RECORD KANSAS CITY, Kan. — Burlington Northern Santa Fe LLC wrongfully terminated an employee in Kansas City after he reported an injury to his left shoulder, according to the U.S. Department of Labors Occupational Safety and Health Administration. The company has been found in violation of the Federal Railroad Safety Act, and OSHA ordered the company to pay the apprentice electrician $225,385 in back wages and damages, remove disciplinary information from the employees personnel record and provide whistleblower rights information to all its employees. The resolution of this case will restore the employees dignity and ability to support his family, said Marcia P. Drumm, OSHAs acting regional administrator in Kansas City, Missouri. It is illegal to discipline an employee for reporting workplace injuries and illnesses. Whistleblower protections play an important role in keeping workplaces safe because they protect people from choosing between their health and disciplinary action. OSHAs investigation upheld the allegation that the railroad company terminated the employee following an injury that required the employee to be transported to an emergency room and medically restricted from returning to work. The companys investigation into the injury, reported on Aug. 27, 2013, concluded that the employee had been dishonest on his employment record about former, minor workplace injuries unrelated to the left shoulder. These conclusions led the company to terminate the employee on Nov. 18, 2013. OSHA found this termination to be retaliation for reporting the injury and in direct violation of the FRSA. BNSF has been ordered to pay $50,000 in compensatory damages, $150,000 in punitive damages, more than $22,305 in back wages and interest and reasonable attorneys fees. Any of the parties in this case can file an appeal with the departments Office of Administrative Law Judges. OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.
Posted on: Thu, 06 Nov 2014 02:23:47 +0000
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