Tag Archives: FRSA
The Interchange of Coronavirus, Federal Regulations, the FELA, and the FRSA – Part 3 of 3
Part III – Manifest: Can the FRSA Protect Your Safety Concerns? The railroads refuse to do anything to protect you from the coronavirus. So many railroaders are asking us, is there anything contained in the Federal Rail Safety Act to protect railroaders who make safety complaints related to coronavirus? The FRSA makes it illegal… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 3 of 3
Part 3 As we discussed in Part 1, it seemed obvious that the FRSA protected railroad employees who follow their doctor’s orders for non-work related injuries. But as we learned in Part 2, some courts don’t care what a statute says – in the Bala/PATH decision the Third Circuit admitted that subsection (c)(2) of… Read More »
Can the Railroad Retaliate Against Me for Following my Doctors Orders When My Medical Problem Happened Off Duty; Part 2 of 3
Part 2 As we discussed in Part 1, it should be obvious that the FRSA should and does protect railroad employees who follow their doctor’s orders for non-work related injuries, including time off work. That’s the safe thing to do for the employees and the public, and subsection (c)(2) of the FRSA seems clear… Read More »
Could Some Railroads Soon Be Immune from Lawsuits?
Recently we have heard from several railroaders about the potential for state-affiliated railroads to be granted immunity from lawsuits, including Federal Employers’ Liability Act (FELA) and Federal Railroad Safety Act (FRSA) claims.This is in response to a recent decision from the United States Court of Appeals for the Third Circuit, holding that New Jersey… Read More »
Proving FRSA Retaliation is Not as Difficult as You May Think
At the railroad union meetings we attend, we are often asked how it is possible to prove that a railroad is unlawfully retaliating against an employee for reporting an injury or safety complaint. After all, the railroad always gives a supposedly legitimate reason for its discipline. But it’s not as difficult as you might… Read More »