OSHA Establishes Final Rule for Retaliation Complaints in Transportation Industry

The final rule establishes procedures and timeframes for handling retaliation complaints under the National Transit Systems Security Act and the Federal Railroad Safety Act.

OSHA has issued a final rule that establishes protections against retaliation for those in the transportation industry who are considered whistleblowers. The rule falls under the National Transit Systems Security Act and the Federal Railroad Safety Act and is effective immediately.

The FRSA provides protections against retaliation for railroad carrier employees who report a work-related injury or engage in other activities related to railroad safety or security.

These provisions were enacted by the 9/11 Commission Act of 2007, and the FRSA was amended in 2008 to prohibit railroad carriers from denying, delaying, or interfering with employees' medical or first aid treatment.

"Railroad workers have the right to report injuries and to follow their doctor's treatment plans for injuries sustained in the course of their employment without fearing that they will be retaliated against," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Railroad and public transit agency workers must never be silenced by the threat of losing their job when their safety or the safety of the public is at stake."

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