OSHA Finalizes Rule for Handling Retaliation Complaints From Transit, Railroad Workers

The Occupational Safety and Health Administration enforces whistleblower provisions of 22 laws. This week the nation’s workplace safety overseer issued a final rule establishing procedures and time frames for handling employee retaliation complaints under two of those laws–the National Transit Systems Security Act and the Federal Railroad Safety Act.

NTSSA establishes protections against retaliation for public transportation agency employees who engage in whistleblowing activities related to public transportation safety or security. FRSA provides protections against retaliation for railroad carrier employees who report a work-related injury or engage in other whistleblowing.

FRSA was amended in 2008 to prohibit railroad carriers from denying, delaying or interfering with employees’ medical or first aid treatment. The FRSA amendments also require that injured employees be promptly transported to the nearest hospital upon request.

According the agency’s announcement, the final rule incorporates recent case law under the statutes and updates the rules to improve both employees’ and employers’ access to information about the case during OSHA’s investigation and their ability to participate in OSHA’s investigation.

The rule was published in Monday’s Federal Register, the same day the rule took effect.

Here’s OSHA’s press release on the rule.




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