skip navigational links Occupational Safety & Health Administration DOL.gov OSHA.gov DOL.gov
www.OSHA.gov
«« Directorate of Enforcement Programs, Office of the Whistleblower Protection Program
Office of the Whistleblower Protection Program Logo The Whistleblower Protection Program


Whistleblower Protection for Rail Carrier Employees Who Request Medical Attention

On August 3, 2007, the Federal Rail Safety Act (FRSA), 49 U.S.C. §20109, was amended by The Implementing Recommendations of the 9/11 Commission Act (Public Law 110-53) to transfer authority for rail carrier employee whistleblower protections to OSHA, and to include new rights and remedies. Effective October 16, 2008, the Rail Safety Improvement Act (Public Law 110-432) again amended 49 U.S.C. Section 20109, to specifically provide rail carrier employee whistleblower protections related to "prompt medical attention." New paragraph (c) of 49 U.S.C. §20109 provides:
(c) Prompt medical attention.-

(1) Prohibition.-
A railroad carrier or person covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care.

(2) Discipline.-A railroad carrier or person covered under this section may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician, except that a railroad carrier's refusal to permit an employee to return to work following medical treatment shall not be considered a violation of this section if the refusal is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier's medical standards for fitness for duty. For purposes of this paragraph, the term "discipline" means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee's record.


OSHA's Fact Sheet, Whistleblower Protection for Railroad Employees, contains additional information about the employee whistleblower protections of the Federal Rail Safety Act. The full text of the statute, including the "prompt medical attention" provision, can be found on the OSHA Whistleblower Protection Web Page.
 

Accessibility Assistance: Documents posted on these pages that are not HTML formatted are available as text-enabled PDF documents and other Microsoft Office® formats. They are noted accordingly. If additional assistance is needed with reading/reviewing the documents please contact Bob Patterson at (202) 693-2129.


 
Back to Top Back to Top www.osha.gov www.dol.gov

Contact Us | Freedom of Information Act | Customer Survey
Privacy and Security Statement | Disclaimers
Occupational Safety & Health Administration
200 Constitution Avenue, NW
Washington, DC 20210