Region 10 News Release: 08-1556-SEA (08-139)
Nov. 3, 2008
Contact: Jeannine Lupton
U.S. Department of Labor orders Amtrak to provide back pay and damages to fired whistleblower
SEATTLE -- The U.S. Department of Labor has ordered Amtrak to pay back pay, interest and punitive damages to an employee who was suspended in violation of the whistleblower provision of the Federal Rail Safety Act of 2007. The whistleblower complaint was filed with the department's Occupational Safety and Health Administration (OSHA) on Nov. 7, 2007, naming Amtrak as the defendant. Amtrak is a government-owned corporation that provides intercity railway passenger service in the United States.
The complaint alleged that an Amtrak employee, based at Seattle's King Street Station, was suspended for 30 days for reporting a work-related injury to her employer. It further alleged that, following the filing of a complaint with OSHA's regional office in Seattle to protest the suspension, the employee was terminated by Amtrak. An investigation conducted by OSHA's Whistleblower Protection Program determined that there was merit to the employee's allegations of reprisal.
"This case sends a clear message that OSHA will not tolerate retaliation against whistleblowers," said Richard S. Terrill, OSHA's regional administrator in Seattle. "Employees need to be able to report on-the-job injuries without fear of reprisal."
The order issued by OSHA awards the employee back pay, interest, punitive damages and other relief. Amtrak also was ordered to post the OSHA fact sheet "Whistleblower Protection for Railroad Employees." Either party to the case can file an appeal within 30 days of receipt of the findings to the Labor Department's Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the Federal Rail Safety Act of 2007 and 16 other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations; and consumer product safety laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at: http://www.osha.gov/dep/oia/whistleblower/index.html.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program. For more information, visit www.osha.gov.
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Note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.
NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.