OSHA Finds Railroad Retaliated Over Lightning Concerns -- Occupational Health & Safety

Passenger train on intersecting railway tracks.

OSHA Finds Railroad Retaliated Over Lightning Concerns

Union Pacific is challenging an order to pay at least $304,869 after OSHA found it fired a worker who raised storm safety concerns.

By Chelsey Arries
Oct 02, 2026

The U.S. DOL found that Union Pacific Railroad Co. violated federal whistleblower protections by firing an Arkansas employee who stopped work because of nearby lightning.

OSHA ordered the railroad to pay at least $304,869 in back wages, lost benefits and damages, plus attorney fees. The order also requires removing references to the incident from the employee’s personnel records.

Union Pacific has disputed the order and requested a hearing before a Labor Department administrative law judge.

Investigators found that the North Little Rock yardman alerted managers to lightning, referenced federal safety guidance and halted work until conditions improved. The railroad removed him from service within minutes. He was subsequently accused of insubordination and dismissed.

OSHA determined that the railroad’s actions violated the Federal Railroad Safety Act. The department withheld the employee’s name, consistent with its policy for whistleblower complaints.

About the Author

Chelsey Arries is assistant editor for Security Today, Campus Security Today, Occupational Health & Safety and Environmental Protection Online.

Product Showcase

Featured

Legionella and the Next Generation of Workplace Detection

Water system maintenance, testing and response planning can help safety teams strengthen workplace Legionella control. Read Now
What Workplace Safety History Can Teach Today's Safety Professionals

More than a century of workplace tragedies and reforms helped shape today’s safety requirements. Understanding that history can help safety professionals reinforce why established controls still matter. Read Now
How the BRICS Summit Could Shape Occupational and Environmental Health and Safety

BRICS cooperation could shape worker protection, industrial safety and environmental health across emerging economies. Read Now
Why AI Could Become Standard in Logistics Safety by 2030

As warehouses and distribution networks adopt more automation, safety teams are beginning to rethink how they identify risks created by the movement of workers, vehicles and machines. Read Now
When the Workforce Ages: Preventing Falls, Strains and Severe Injuries

Older workers are injured less often, but age-related changes can make injuries more severe, costly and difficult to recover from. Read Now
The Best Injury Is the One That Never Happens: A Proactive Approach to Workplace MSK Health

Employers can identify musculoskeletal risks earlier by evaluating job tasks, tracking worker discomfort and providing job-specific movement training. Read Now

Artificial Intelligence

Why AI Could Become Standard in Logistics Safety by 2030
As warehouses and distribution networks adopt more automation, safety teams are beginning to rethink how they identify risks created by the movement of workers, vehicles and machines.
San José State Receives $30,000 Grant to Study AI Ergonomics
Researchers will develop a sensor-equipped workstation that identifies ergonomic risks and tests when computer workers should receive support.
Skilled Trade Workers Turn to AI Amid Surge in Labor Demand
Trade professionals increasingly rely on automation, digital tools and continuous training to combat workforce shortages.
How Connected Safety Helps Lean Safety Teams Do More
Deploying IoT wearables and AI video analytics provides short-staffed EHS teams with continuous visibility, closing operational blind spots and stopping SIFs before they occur.
The Hidden Safety Risk of AI: Losing the Ability to Recover
AI may improve hazard detection and injury prevention, but organizations that rely too heavily on automation could inadvertently weaken the human skills and organizational resilience needed to manage unexpected events.