The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has concluded an investigation revealing that Csx Transportation Inc. violated the Federal Railroad Safety Act (FRSA). This determination comes after CSX Transportation fired an employee in December 2019 for reporting legitimate safety concerns, demonstrating a pattern of retaliatory behavior. OSHA has ordered CSX Transportation to compensate the affected worker with $71,976 to cover back wages, interest, and damages, in addition to imposing $150,000 in punitive damages.
Eric Harbin, OSHA Regional Administrator in Dallas, stated, “CSX Transportation’s actions are unacceptable. Federal law provides crucial protection for employees in the transportation sector who report safety hazards, and OSHA is dedicated to rigorously enforcing these rights to ensure worker safety.”
This recent investigation is not an isolated incident for CSX Transportation. In October 2020, OSHA mandated CSX Transportation to reinstate another employee who faced termination after reporting an unsafe customer gate and an injury sustained on the job. In that prior case, CSX Transportation was also directed to pay over $95,000 in back wages and an additional $75,000 in punitive damages. Similar OSHA whistleblower investigations in 2016 and 2010 within the New York region also resulted in CSX Transportation being ordered to reinstate employees and provide back pay and damages, indicating a recurring issue.
CSX Transportation Inc., headquartered in Jacksonville, Florida, stands as a major transportation provider in the United States. The company’s services encompass a wide range of rail-based transportation solutions, including traditional rail freight, intermodal transport of containers and trailers, operating across approximately 20,000 route miles of track spanning 23 states. Their extensive network and operations play a critical role in the nation’s supply chain.
OSHA’s Whistleblower Protection Program plays a vital role in enforcing whistleblower provisions across 25 statutes. These protections shield employees from employer retaliation when they report violations related to workplace safety and health, as well as in sectors such as airline, commercial motor carrier, consumer products, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation, railroad, maritime, securities, and tax laws. This broad scope underscores OSHA’s commitment to protecting workers who speak out about potential hazards and illegal practices.
For individuals seeking further information regarding whistleblower protections, OSHA provides comprehensive resources on its Whistleblower Protection Programs webpage. This program ensures that employees can report concerns without fear of reprisal, fostering safer working environments and greater accountability within industries like transportation, including key players such as CSX Transportation Inc.
