News & Analysis as of

Occupational Safety and Health Administration Railways

The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged... more +
The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -
Willcox & Savage

Avoiding Costly Whistleblower Claims for Alleged Retaliatory Conduct After An Employee’s Workplace Safety Complaint – Pointers...

Willcox & Savage on

A federal court recently awarded an employee $9.8 million in a safety retaliation case. See Sanders v. BNSF Ry. Co., 2022 BL 432941, No. 0:17-cv- 05106 (D. Minn. Dec. 5, 2022). A jury found that the railway employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2022 #4

Respect for Marriage Act Advances. On July 20, 2022, the U.S. House of Representatives voted 267-157 to approve the Respect for Marriage Act (H.R. 8404). All Democrats and forty-seven Republicans voted in favor of the...more

Morgan Lewis - Up & Atom

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Littler

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

Littler on

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2019

Gentlemen, You Can’t Fight in Here! This Is the War Room! On April 3, 2019, for the third time in six years, the U.S. Senate went “nuclear” and changed its rules regarding filibustering of presidential nominees. This time,...more

Seyfarth Shaw LLP

FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

Littler

All Over But the Penning: the California Legislature Completes its Work for 2015

Littler on

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Ballard Spahr LLP

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

Proskauer - Whistleblowing & Retaliation

OSHA Issues Stiff Penalties To Railroad Company In FRSA Whistleblower Matters

OSHA recently announced that it ordered Norfolk Southern Railway (Company) to pay three former workers a combined $1,121,099 for violating the whistleblower provisions of the Federal Railroad Safety Act (FRSA), which protects...more

Proskauer - Whistleblowing & Retaliation

BNSF & OSHA Reach Significant Whistleblower-Related Accord

In January 2013, after over 30 FRSA complaints were lodged by BNSF Railway Company (BNSF) employees, OSHA and BNSF reached an agreement (Accord), where BNSF agreed to modify certain policies and practices alleged to interfere...more

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